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Full text of "A history of three of the judges of King Charles I. Major-General Whalley, Major-General Goffe, and Colonel Dixwell: who, at the restoration, 1660, fled to America; and were secreted and concealed, in Massachusetts and Connecticut, for near thirty years"

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EZRA STIPES S.T.D. tL 



frefident of Yale College- 



A 

HISTORY 

OF THREE OF THE 

JUDGES 

OF 

King Charles L 



Major-General WHALLEY, Major-Gene= 
RAL GOFFE, and Colonel DIXWELL : 

WhO| at the Restoration, 1660, Fled to America; 

AND WSr.E secreted AND CONCEALED, IN 

Massachusetts and Connecticut, 

FOU NEAR thirty YEARS. 

WITH AN A C C O U N T O F 

Mr. Theopiiilus Whale, of Narraganfett, 

Siippojed to have hem alfo one of the Judges, 

By president stiles. 



They tvandered about — being dcfit:ute, ajp/iFredj tormented— thry loander^ 
-ed'in deferts, and in mountains^ and indens and cava of the earth, 

— Ofiuhom the world ivas not tvorthy. —m-mm. 

Be nat forgetful to entertain fir angen-: for thereby fo^ne ha've entertained 
Angeh mazvares. llih. xi. and xiii. 



HArvTFOP.D: PRINTED ?.y ELISIIA BABCOCK, 
1794. 



TO 

ALL THE PATRONS OF 

RIAL, PERFECT, AND UNPOLLUTED LIBERT Vy 

CIVIL AND RELIGIOUS, 

THROUGHOUT THE WORLD; 

THIS HISTORY 

OF THREE OF ITS MOST ILLUSTRIOUS AND HEROIC, 

BUT UNFORTUNATE DEFENDERS, 

IS HUMBLY SUBMITTED, 

AND DEDICATED, 

BY A HITHERTO UNCORRUPTED FRIEND 

TO UNIVERSAL LIBERTY, 

EZRA STILES, 

Yale College, 



fALE College, > 
i/tv, zo, 1793. J 



CONTENTS, 



CHAP. r. 

Memoirs of the two Judges, W H A L L E Y and G o F f E;, 
before their Exile, 

CHAP. n. 

Their Exile, and living together in their various Lodg- 
ments,, and Pilgrimages in New-England, until their 
death, 

CHAP. HI. 

Memoirs of Q(A. Dixwell, his Death and Sepulture, 
at New- Haven, 

CHAP. IV. 

Inquiry into the Surmife that Whallc-y and GolTe aljo 
lie buried in New-Haven. 

CHAP. V. 

fufiif cation of the Judges ; with RefleBions on the 
Englijh Policy, 

CHAP. VI. 
On Mr, Theophilus Whale, of Narraganfett. 



HISTORY 

OF THREE OF THE JUDGES 
OF KING CHARLES I. 

WHO, ESCAPING ROYAL VENGEANCE, FOUND Alt 
ASYLUM IN NEW-ENGLAND, AND PARTICULARLY 
IN CONNECTICUT., 

CHAP. I. 
Of the Three yudgcs Jeparaiely^ and before their Exile » 

OF about one hundred 2nd thirty Judges, appoint- 
ed in the original comniiilion, by the commons' 
Houfe of Parhament, for the tryal of King Charles I. 
only feventy-four fat, and of thefe, fixty-feven were 
prefent at the lail fetiion, and were unanimous in pafl- 
ing the definitive fentence upon the King ; and fifty- 
nine figned the warrant for his execution, 1649. Of 
thefe fifty-nine, about one-third, or twenty-four, were 
dead at the Reftoration, 1660. Twenty-l'even perfons> 
Judges and others, v/ere then taken, tried and con- 
demned ; fome of which were pardoned, and nine of 
the Judges, and five others, as accomplices, were ex- 
ecuted. Only fixteen j uoges fled, and finally efcaped : 
three of whom, Major-General Edward Whal- 
LEY, Major-General William Go FFE, and Colonel 
John Dix WELL, lied and fecreted themfelves in New- 
England, and died here. One of the Judges pilloied 
■himfelf in Holland, another fled to Laufanna, and was 



2 HISTORY OF THREE OF THE JUDGES 

aflaffinated there : what became of the reft is to me un- 
known, and perhaps is yet in undete6i:ed oblivion. I 
am to write the hiftory of thofe three only, who fled to 
America and died here. Thefe came to New-Eng- 
land, and found a friendly afylum and concealment in 
Maifachufetts and Connefticut : and Col. Dixwell lies 
buried in New-FIaven. I (hall colle61: and digeft the- 
memoirs of thefe three Judges ; whofe hiftory being 
partly combined, and partly difconnecled, may fome- 
times involve repetitions. 

The rera is now a;rived, when tribunals for the trial 
of delinquent ?vlajefty, of Kings and Sovereign Rulers, 
will be provided for, in the future policies and confti- 
lutions of Sovereignties, Empires and Republics : when 
this heroic and high example of doing juftice to crimi- 
nal Royalty, of the adjudication of a King, will be re- 
curred to and contemplated with juftice and impartiality. 
And however it has been overwhelmed with infamy for 
a century and a half, will hereafter be approved, admired 
and imitated ; and the memoirs of thefe fuftering exiles 
will be immortahzed with honor. 

A full account of them cannot yet be colle6^ed, as 
part of their hiftory hes ftill concealed on the other fide 
of the Atlantic. But although time and future refearch- 
€3 may amplify the information concerning them, it is 
however prefumed fo much may be now colledlcd, as 
may enable pofterity and the world to forma juft and 
true idea and eftimate of the principles, defigns and 
charaders of thefe illuiirious Worthies. 

General Whalley. 
" The Whalleys are of great antiquity," favs the 
Reverend Mark Noble, in his mem.oirs of the family 
of Cromwell. The General defcended from the 
family of Whalley, which figured in England in the 
reign of Henry the ftxth. Richard Whalley, Efq. of 
Kirkton, in the county of Nottingham, was a man of 
great opulence j a member of parliameat for Scarbo- 



OF KIN© CHARLES I. J^ 

?©i]gh, I Edward VI. He died 1583, aged 84. His 
cldeft fon and heir, Thomas Whalley, Efq. by his wife 
Elizabeth, had feveral children ; and among others, 
firft, R.ichard, who married the Prote6lor Oliver Crom- 
well's Aunt. Second, Walter Whalley, d. d. educa- 
ted at Pembroke- Hall. Third, Thomas, educated in 
Trinity College, both of Cam.bridge. Richard Whal- 
ley, Efq. uncie to the Protedlor, fucceeded his grand- 
father, of his name. He was a m.ember of Parliament, 
43. Eliz. Pie had three wives : His fecond was Fran- 
ces, daughter of Sir Henry Cromwell, Hinckinbrooke, 
Knight, grandfather of the Prote6lor, Oliver. He had 
ifTue only by the fecond, the Protestor's aunt, who 
were, Thomas, Edward, one of King Charles' I. 
Judges, and Henry, the Judge Advocate. It is Ed- 
ward, the fecond fon of Richard by Frances, aunt to- 
Gliver Cromwell, of whom I am now writing. 

Edward Whalley, Efq. the Judge, being a 
fecond fon, ** was brought up to merchandize. Nofoon- 
er did the contefl between King Charles and his Parlia- 
ment blaze out, than he (though in the middle age of 
life) took up arms in defence of the liberties of the 
fubje6l : and this in oppofition to the fentiments of his 
neareft relations. Probably his religious opinions de- 
termined him as much or more than any other confi- 
deration. And though the ufage of arms muft be new 
to him, yet he early diftinguidied himfelf in the parlia- 
ment fervice, in many fieges and battles ; but in none 
more than in the battle of Naifby, in 1645 ; in which 
he charged and entirely defeated two divifions of Lang- 
dale's horfe, though fupported by Prince Rupert^ who 
commanded the referve : for which Parliament, Janu- 
ary 21, 1645 — 6, voted him to be a Colonel of Horfe ; 
and May 9, the following year, they gave him the 
thanks of the houfe, and /loo. to purchafe two horfes, 
for his brilliant action at Banbury, which he took by 
ftorm ; and afterwards marched to Worcefter j whick 
city furr.endered to him July 23, following." 



10 HISTORY OF THREE OF THE JUDGES 

" Feb. 3, 1747, the Commons granted him for his 
arrears, at the rate of fifteen years purchafe, the manor 
of Flavvborough, part of the eftate of the Marquis of 
Newcadle, the annual rent of which was ^400."* 
This was redeeming part of his father's eftate purchafed 
by the Marquis for a fmall part of its value. 

" Cromwell confided fo much in him, that he com- 
mitted the perfon of the King to his care. The loyal- 
ifts have charged him with feverity to his royal prifon- 
er ; but the monarch himfelf, in a letter he left behind 
him, when he made his efcape, fully exculpates him 
from that charge." 

He was one of the commillioners appointed and au- 
thorifed by Parliament, as the High Court of Juftice, 
and fat in that auguil and awful Tribunal, to which 
Majefty was rendered amenable, and which had the 
intrepidity and fortitude topafs judgment on the life of 
a King ; one of whofe judges he thus was, and the 
warrant for whofe execution he figned. 

At the battle of Dunbar, September 3, 1650, he, 
with Monk, commanded the foot, and greatly contri- 
buted to the complete defeat of the Scotch army.— 
** Cromwell left him in Scotland with the rank of Com- 
milTary-General, and gave him the command of four 
regiments of horfe, with which he performed many 
actions, that gained him great honor." 

He continued a fteady friend to his coufm Oliver, 
after he had raifed himfelf to the fovereignty ; and was 
entrufted by him with the government of the counties 
of Lincoln, Nottingham, Derby, Warwick, and Lei- 
cefter, by the name of jU^fj or- General. He was one 
of the Reprcfentatives of Nottinghamfliire, in the Par- 
liament held in 1654 and 1656. The Protedtor made 
him CommiiTary-General for Scotland, and called him 
up to his other Houfe. 
* NobUy V, I. X7g., 



OF KING CHARLES I. II 

*' He was looked upon with jealoufy by Parliament 
after the refignation of Richard the Protedor, efpecial- 
ly as he leaned fo much to the interefts of the army. 
For this reafon they took from him his Commiffion. — . 
This ftill endeared him the more to the army, who 
when Monk's condu6l began to be problematical, de- 
puted him one of their commiffioners to agree to terms 
f)f peace and amity with that in Scotland. But Monk, 
who knew his hatred to the royal family, and how much 
jeafon he had to dr^ad their return, abfoiutely refufed 
to treat with him." 

** The Reftoration of monarchy foon after becom- 
ing vifible, he faw the danger of the fituation. For 
befides the lofs of the eilate he polfeffed of tlie Duke of 
Newcaftle, and the manors of Weil- Walton and 1 or- 
rington, in the county of Norfolk, part of Qiieen Hen- 
rietta Maria's jointure, which he had purchafed, and 
whatever elfe eilate he had, he knev/ even his life would 
be offered up to the flirine of the King, whom he had 
condemned to death : he therefore prudently retired.— 
Septemiber 22, 1660, a proclamation was pubiifhed, 
fetting forth, that he had left the kingdom, but as there 
was great reafon to fuppofe he was returned, ^^ico. was 
offered to any who fliould difcover him in any of the 
Britifh dominions, and cauie him to be brought in 
alive, or dead, if he made any refiilance. Colonel 
GofFe was included in this proclamation/'t 

Here the European hiftorians are loft. They repre- 
fent that thefe two exiles efcaped to the continent, and 
were at Lucerne, in Switzerland, in 1664 ; ■v'vhere 
fome fay that they died ; others, that leaving that place, 
they privately wandered about for fom.e years, and died 
in a foreign clim^e, but when or where unknown. But 
truely their remaining hiftory, after they left England, 
i66o, is to be traced only in America. 
-}- NdJe. p. 184. 



'12 HISTORY OF THREE OF THE JUDGES 

Mr. Noble gives this chara6]:er of General Whalley : 
"** His valor and military knowledge were confeiredly 
great ; his religious fentiments wild and enthufiaftic. 
From a merchant's counter to rife to fo many and fo 
high ofiices in the ftate, and to condiid himfelf with 
propriety in tliem, fufficiently evinces that he had good 
abilities : nor is his honelly queltioned by any, which> 
as one of the King's Judges, and a Major-General> 
would lay him open to a very narrow fcrutiny." 

General Edward Whalley married the fifter of Sir 
George Middleton, Knight, who was as great an ene- 
.my to King Charles I. as he was a friend to King 
•Charles II. ^' By her he had feveral children, and one 
born fo late as 1656. What became of them is 
unknown, except John, his elded: fon and heir, who 
was a cornet of horfe, and who was returned member 
of Parhament for the town of Nottingham, 1658 — 9, 
and alfo for the borough of Shorcham. He married 
the daughter of Sir Herbert Springer, Knight, by 
whom he had Herbert Whalley, Efq. his eldeif fon. 
and heir ; who, though King Charles II. granted tlie 
manor, the Parliament had given to the Major-Gene- 
ral, once belonging to the Earl, then Marquis, then 
Duke of NewcaiUe, with all the reil of his own lands, 
forfeited to the Crown by any of the purchafers, yet 
this Herbert Whalley, Efq. was, 1672, in polTeiTion 
offome of the paternal inheritance of the Whalley's 
which had been purchafed by his Grace's anceftors 
from them, but by mortgage which the Duke, when 
Earl, made to Sir Arnold Waring fome years before, 
through aflignments or heii-(hips, became veiled in this 
Herbert." 

Of Whalley's children. Noble knew none but John. 
But he had a daughter who was married to (jeneral 
Goffc ; whom GotFe left in England, and with wdioni 
he kept ud a eonftant correfpondence, by the name of 
Mother Goldimith, wliile in exile in New-England. 



OF KING CHARLES I. I3 

The iafl of his letters to her was dated at Iladley, 1679. 
Goffe had feveral children by her, whom he left m 
England. 

Henry Whalley, brother of the Major-General, is 
faid to have been an Alderman of London. From the 
regard his confm Henry Cromwell, Lord- Deputy, had 
for him, he was promoted to the oilice of Judge- Ad- 
vocate of the armies of England and Scotland before 
1655. Fie continued in Scctlanrl during the remainder 
of the prote6lorate of Oliver ; and in 1656, reprefentei 
the Sheriifdom of Selkirk and Peebles in the Britifli 
Parliament : and was one of thofe who figned the or- 
der for proclaiming his coufin Richard, Lord Protedlor. 

In verification of Noble's account of the family and 
connections of Whalley, I add an extra6l from the 
Fajlj Oxonienfes^ P. 90. ** Oliver Cromwell had feve- 
ral uncles, whofe defcendants taking not part with him, 
only one or two, they v/ere not preferred by him. Fie 
had alfo five aunts, tiie eideft of which, named Joane^ 
was married to Francis Barrington, whofe fon Robert 
was countenanced by Oliver. The fecond named. 
Elizabeth, was wife of John Hamden, of Hamdea 
in Bucks, father of John Hamden, one of the five 
members of Parliament, excepted againftby Charles I. . 
and a Colonel for the Parliament in the beginning of 
the rcbeUion. Which John lolt his life in their fervicc 
in June 1643. By this match Oliver Cromwell came 
to be related to the Ingoldefbies, and Goodvnns, of 
Bucks. The third, named Frances, was the fecond 
wife of Richard Whalley, of Kirton, in Nottingham- 
shire, father to Edward Whalley, a Colonel in the 
Parliament army, one of the King's Judges, Commif- 
fary-General in Scotland, oneoi Oliver's Lords, and a 
Mijor-General. He tied from juflice upon the ap- 
proach of the return of King Charles II. and lived and 
died m a Itrange land. " 

The heroic acls 2nd atchievementsof Gen. Whalley 
B 



14 HISTORY OF THREE OP THE JUDGES 

are to be found in all the hlftories of thofe times, in th4 
records of Parliament, and the other original memoirs 
of Whitlock, Wellwood, Rulliworth, and the perio- 
dical publications of that day, now before me. From 
?J1 which it appears, that he was a man of true and 
real greatnefs of mind, and of abilities equal to any en- 
terprize, and to the higheft councils of the ftate, civil, 
political, and military : that he was a very adive cha- 
radler in the national events, for twenty years in the 
great period from 1640 to 1660. He was a man of 
religion. It has been the manner of all the court hifto- 
rians, ever fmce the licentious sera of Charles II. to 
confound all the chara6lers of religion with the Irration- 
al and extravagant fanaticifm of that day, and of every 
age. But candour ought to confefs, at leaft to believe, 
and even to know, that in the caufe of liberty, in the 
Par-liamentary caufe, while there were many mad en- 
thufiafts both in religion and politics, the great and 
noble tranfaclions of that day, fhow there was alfo 
great wifdom, great abilities, great generalihip, great 
learning, great knowledge of law and juftice, great 
integrity, and rational fmcere religion, to be found 
converfant among the moit vigorous and a6tive charac- 
ters of that sera. Am.ong thele Whalley ought to 
be ranked ; and to be confidered as a man of firmnefs 
in a good caufe, and like Daniel at the Court of Per- 
lia, of a religion of which he was not afhamed ; of an 
open, but unoilentatious zeal, of real rational and man- 
ly virtue, a determined fervant and worlliipper of the 
moft high God ; of exemplary holinefs of life ; of fer-_ 
vent indeed, but fmcere and undiffembled piety. The 
commiirionersof Nottinghamlliire give this teitlmony :--■ . 
*' They think themfelvcs happy in liaving a perfon of •■ 
fo high merit fent down to them as Major-General-' 
Whalley, who is their native countryman, a gentle- 
man oi an honorable family, and of fmgular jultice, 
ability, and piety. '"'t 

Jl'Isre, Pc/if, Jcin, 17, 1663. 



of king charles i. i5 

General Goffe. 
William Goffe, Efq. was a fon of the reverend Ste- 
phen GofFe, a Puritan Divine, Re6lor of Stanmer, in 
SulTex. He hved with Mr. Vaughan, a dry falter in 
London, a great partizan of the Parliament, and a 
zealous Prefbyterian. Difliking trade, and the war 
opening, he repaired to the parliament army ; where 
his merit raifed him to be a Qiurtei-Maflcr, and then 
a Colonel of foot, and afterwards a General. Pie was 
a member of Parliament ; and one of thofe who took 
up accufation againll the eleven members, and who 
fentenced the King, and figned the warrant for his 
execution. He rendered the Prote£lor great fervice, 
in allifting Colonel White in purging the parliament. 
For this and his other fervices he received Lambert's pofl 
of Major-General of foot. Pie was returned for Great 
Yarmouth in the Parliament of 1654; and for the 
county of Southampton in 1656. Lad of all he was 
called lip into the Prote6lor's Houfe of Lords. He 
was grateful to the Cromwell intered, and figncd the 
order for proclaiming the Proteclor Richard. This at- 
tachment made him to be regarded by the Parliament, 
as well as army, vv^ith jealoufy, after they began to b® 
difpofed to a return of monarchy. And Monk, who 
knew he v/as an enemy to the Kmg's return, refufed 
to admit him to treat with him, though fent by the 
Englifh army. At the Refloration he left the kingdom 
with Whalley, whofe daughter he married, and cams 
with him to Bofldn in New-England, 1660. 

There happened a remarkable diverltty of religious 
fentiments in the family of GofFe. The father, the re- 
verend Stephen GoiFe was a ferious, pious and learned 
Puritan Divine ; and paid great attention to the educa- 
tion of his children. He gave an univerfity education 
to two of his fons, John and Stephen : and although his 
fon William was not liberally or academically educated, 
yet fuch were his abilities, and fo well were they cul- 
Vvated and improved by reading, obfervation and con- 



l6 HISTORY OF THREE OF TKE JUDGES 

verfe witfe fcientific fubjeiSls, and the great variety of 
jiterary life, that the Univerfiiy of Oxford conferred 
upon him the honorary degree of Maiter of Arts. In 
religion and piety he was very fimiiar to his father-in- 
]aw, Whailey. Indeed, both GofFe and W hall ey were 
cxa6c]y of the fame rehgious fentiments witli that emi- 
rjent Puritan Divine, Dr. Owens, Vice-Chancellor of 
tht Univerfity of Oxford, who was a Congregationahft. 
The Poedobaptiil: part of the diifenting intereilin Eng- 
land, was unhappily divided into PreAjyterians and 
Congregationalifis, both unanimoufly agreeing in doc- 
trines, and differing only on forms of church govern- 
ment, and yet generally very amicably differing, as 
knowing they were harmonioufiy agreed in ail the 
greai", eiiential, and mod important things in religion, 
if any thing, tjie Independents, or Congiegationaliiis, 
were then the rnod catholic and fraternal of the two. Oli- 
ver Cromwell, and thefe two Judges, were Congregation- 
alifts. While General Gofie's father v/as a Puritan, his 
brother John was a clergyman of the eftabliilied cliurch : 
his brother Stephen became agent for Charles II. in 
Prance, Flanders, and liolland,. turned Roman Ca- 
thoii:, and became a prieii: amxong the Oralorians in 
Pari?, and afterwards a chaplain to Qi^ieen Henrietta 
Maria 1 wliile William himfelf was tlie pious Congre- 
gational Puritan, exa6lly agreeing in religious fenti- 
ments with the firfl: fettlcrs of Eollon and New-Haven. 

I fubjoin feme extradls from the Fcy^i Oxonienfes. 
Page 79. 

*' May 19. Colonel William Goffe, was then alfo 
prefc-nted by Zanchy, and created M. A. He was 
the Con of Stephen GofFe, E.ecl.or oi Stanmore in Suifex, 
and younger brother to John Goffe, mentioned among 
the vjnXQvSyAn. 1661, and to Stephen Goffe, mentioned 
in the FaRi, An. 16-^6. Whi^le this William was a 
youth, andavcrfe to ail kind of learning, he v/as bound 
ap apprentice to one Vaughan, a falter in London, 
Wrotlicrto Cdoncl fofcph Vaughan, a Parliamentarian, 



CF KING CHARLES I. ~ ' I7 

and a zealous Prefbyterian ; whofe time being near, 
or newly out, he betook himfelf to be a foldier for the 
righteous caufe, inftead of fetting up his trade, went 
out a Qiiarter-Mader of Foot, and continued in the 
wars till he forgot what he had fought for. At length, 
through feveral military grades, he became a Colonel, 
a frequent prayer maker, preacher, and prelTer for 
righteoufnefs and freedom, which in outward fhew, 
was exprelfed very zealoufly, and therefore in high 
efteem in the Parliament army. In 1648, he was one 
of the Judges of King Charles I. fate in judgment 
when he was brought before the High Court of Juftice, 
flood up as confenting when fentence paffed upon him 
for his decollation, and afterwards fet his hand and 
fealto the warrant for his er-cecution. Afterwards, hav- 
ing, like his General (Cromwellj an evil tincture of 
that fpirit that loved and fought after the favor and praife 
of man, more than that of God, as by woful experi- 
ence in both of them it did afterv/ards appear, he 
could not further believe, or perfevere upon that ac- 
count, by degrees fell oiF from the anti-monarchical 
principles of the cheif part of the army, and was the 
man, with Colonel William White,^ vv^ho brought 
Mufqueteers, and turned out the Anabaptiftical mem- 
bers that were left behind of \.\\Q Little, or Bareb one's 
Parliament, out of the houfe. An. 1654. Complying 
thus kindly with the defign and intereft of the faid Ge- 
neral, he was by him, when made Prote6lor, confti- 
tuted Major- General of Hampfhire, Sulfex and Berks, 
a place of great profit, and afterwards was of one, if 
not of two Parliaments ; did advance his interefi: great- 
ly, and was in fo great efteem and favor in OlivePj^ 
Court, that he was judged the only fit man to have" 
Mjjor-General John Lambert's place and command, 
as Major-Gencral of the army of foot, and by fome to 
hsve the Protedlor Hi ip fettled on him, in futUiC time. 
He biingthnsmade fo confiderable a perfon, was taken 
out of the Houfe to be a Lord, and to have a negative 
B a 



l8 HISTORY OF THREE OP THE JUDGES 

voice III the other Houfe, and the rather for this raafon, ~ 
that he never in all his life (as he ufed to fay) fought 
aa;ain't any fuch thing as a finsjle perfon, or a negative 
voice, but "only to pull down Charles and fet up Oliver, 
&c. in which he obtained his end. In 1660, a little 
before the reiloration of King Charles II. he betook 
himfelf to his heels to fave his neck, without any re- 
gard had to his Majefty's proclamation, wandered 
about, fearing every one that he met fhould flay him ; 
and v/as living at Laufanna in 1664, with Edmond 
Ludlow, Edward Whalley, and other regicide^, when 
|ohn L'ifie, another of that number, was there by cer- 
tain generous royalifts difpatched. He afterwards lived 
feveral years in vagabonfliip, but when he died, or 
where his carcafs was lodged, is as yet unknown to mc." 

The follov/ing is extrafled from Athene Oxoniciyes, 
"Page 261. 

^' John Goughe, commonly called GofFe, fon of the 
Reclor of S^anmer, in Sufifex, was born" in that coun- 
ty, began to be converfant w^ith the Mufes in Mertoii 
Colleg'e, An. 1624 ; made Demi of that of S. Mar. 
Magd. 1627, aged feventeen years, or more, Perpe- 
tual Fellow 29 July, 1630, being then Bachelor of 
Arts. Afterwards proceeding in that faculty, he enter- 
i'A into orders, and became a preacher in theie parts. 
In 1642, September 26, he was induced into the 
Vicarac-e of Hackingtcn, alias S. Stephen, near to 
the city of Canterbury, in the .place of Jam.es Hirft, 
deceafed. From whence being eje£led foon after for 
refuiing the covenant, was, with other loyal clergymen, 
call into the county prifon in S. Dundan's parifli, in 
the fiiburbs of the fa id city. In 1652, he, by the en- 
deavors of his brother William, whom I fliall anon 
mention, was inducted into the Reilory of Norton, 
near Sittingbourne, in Kent, on the thirteenth day of 
March, and in the year 1660, he being reflored to the 
Vicarage of S. Stephen, was actually created Do6lar 



OF KING CHAIILES I- -^ ^ r >.., ,., ^% 
of Divrmity in the beginning of December m the fame 
year, and indii6ted again according to the ceremonies 
of the church of England, into the Re Story of Norton, 
on the fourth of Mirch following, which were all the 
Spiritualities he enjoyed. 

** He hath written a b3ok entitled, Excleftce AngJU 
ean/e Thresnodla in qua perturbatijfimus regni dsf ec- 
clefiiZ ftatusy fub Anahaptifiica tyrannide lugetur, Lon- 
don, 1661. Ocf. Alfo a large Latin Eptille written 
to D)6ljr Edward Simfon, fet before a book written 
by him, entitled, Chrohicon Catholicum &c. London, 
1652. Fol. He concluded his lad day in the parifh of 
Norton before mentioned, and was buried in the chan- 
cel of the church of S. Alphage in Canterbury, on the 
26th day of November, in fixteen hundred lixty and 
one. This perfon, who was a zealous fon of the 
Church of England, had an elder brother named Ste- 
phen Goffe, originally of Mert. Coll. afterwards of 
S. Alb. Hall, and a bigot of tlie Church of Rome ; and 
another brother named William, whether elder or 
younger I knovv not, who was originally a trader in 
London, afterwards a Prefbyterian, Independent, one 
of the Judges of King diaries L and one of Ohver's 
Lords ; who, to fave his neck from the gallows, did, 
upon a forefight of the King's return, 1660, leave the 
nation, and died obfcurely in a (Irange land. The 
iiither of the faid GofFe, was Stephen Goife, fometime 
Bachelor of Arts of Magd. College, a good logician 
and difputant, but a very i^v(tT(t Puritan, eminent for 
his training up, while a tutor, feveral that proved after- 
wards very noted fcholars ; among whom muft not be 
forgotten, Robert Harris, D. D. fome time Prefident 
of Trinity College, in Oxon." 

Further accounts of General GofFe, and his fnare and 
aftivity in the national adminiftration, efpecially during 
the ProtccSlorate, are to be' found in the memoirs and 
feiifories of thofe times. Thus we have given a fum- 



40 RlSTOHr OP THREE OP THE JUDGES 

mary account of Gciieral Whalley and General Gaffe, 
the parts they a6led and the characters they fuftained on 
the European theatre of Hfe, and antecedent to their 
coming over to New-England. And certainly they 
were among the perfonages of the firft eminence for 
great and nob^e adions in their day. They were both 
of Oliver's Houfe of Lords ; and when we confider his 
fingular penetration and fagacious judgment in difcern- 
ing characters, and the abundance of great and merito- 
rious characters ftrongly attached to his caufe, from 
among which he had tofeledt his counfellors, being in 
no neceffity of fele61ing inferior abilities, the prefump- 
tion is ftrong and juft, that in themfelves they were 
very diftinguiilied and meritorious chai'acSters. 

They had moved in a great fphere ; they h.ad a6ted in 
a great caufe, which might have been carried through, 
had national inftability permitted it. But Monk, ever 
of dubious principles, and who had never been at heart 
a friend to the caufe, turning up at the head of the army 
in thecourfe of events by a certain cafualty and fatality ; 
and refolving on a bold llroke for the abolition of this 
and the reltoration of the former government ; and at 
the fame time the nation, unhappily wearied out of thc' 
convulfions and ftruggles of civil war, in the very criti-^ 
cal moment of the parturition of empire, when indeed- 
had they been fenfible of it the die was cait, the ditii- , 
culty was over, and the pohcv already formed ; the 
nation, I fay, becoming prepared for a revolution, it 
•was obvious that great havock vv'ould be made among 
the molt diilinguilhed and si£live characters, and that 
thefe two judges muit fall among the reft. It is very 
dangerous and unwife to truft iupremacy into the hands 
ot thofe who are not cordial in a great caufe, be that ' 
caufe juft or unjull:, and efpeciallyin a juil: and glori- 
ous caufe. If opportunity prefents, inftead of its con- 
fervation and defeace, it will certainly be betrayed and 
given up. It was fo by Monk. The great caufe of 
libwtiy was lolt, overwhelmed and gone. The Judi^eg 



■' ' ■ Of KING CHARxrs n 21 

therefore feeing their fate inevitable, found it neceffary 
to efcape from England, exile themfelves from their 
native counti-y, and evani Hi into oblivion. Accordingly, 
feeing the complexion of Parliament, and that the Re- 
floration was in effe6l determined and fettled, juft be- 
fore it a6lually took place, they fecretly withdrew them- 
felves, and abdicated into New-England in 1660 Here 
they lived fecreted together until they nniilied life : and 
therefore their remaining hiilory mull be confidered to- 
gether. 



CHAP. II. 

Their Ex iky and living together in their various Lodg- 
ments in New-Englandy to their death* 

I Shall now proceed to the Hiftory of the two Judges, 
in their exile and pilgrimages after their arrival to- 
gether in New-England : and trace them in their con- 
cealments at New-Haven, Milford, Guilford and Had- 
ley, to the lafl: notices of them. This fiiall be arranged 
in two fedions. r. Their hiftory for the firft eleven 
months after their arrival, while they appeared publicly 
here ; and efpecially the dangerous period of the two 
lall months of their public appearance, when they.en- 
tirely abdicated, and were ever after totally loft from all 
knowledge of the public. 2. Their various pilgrima- 
ges in total oblivion and concealment from the public. 

Se6l>i. The firji eleven months of their public a-ppear- 
ance, after iljeir arrival at BojUn, 

The mod authentic account is taken from Goffe's 
journal or diary, for feven vears from their departure 
from London, 1660, to 1667. It confifted of feveral 
pocket volumes in Goffe's ov/n hand v/riting \ received 



^2 HISTORY OF THREE OF THE JUDGES 

from the RufTel family, and preferved in Dr. Cotton 
Mather's library in Bofton. The Do6lor's only fon, 
Dr. Samuel Mather, married Governor Hutchin- 
fon's fifter ; by which means the Governor obtained 
GofFe's manufcript, and himfelf llievved me, in 1766, 
one of thef: little manufcnpt books in GofFe 's own hand. 
It confided of ^^ leaves, or no pages, in fmail 12 ma. 
It began the firft month of the year 1662, and was a 
diary of one whole year and a little more. It was 
written in chara61:ers, though not altogether in (liort 
hand, being a mixture of inv^erted alphabet and charac- 
ters, eafily decyphered : and contained news from Eu- 
rope, and private occurrences w^ith them at New-Haven 
and Milford. From this I then m.ade fome extra£i:s, 
Mr. Hutchinfon, from this and th@ other volumes, as 
well as from their manufcript letters, fundry original 
copies of which he fhewed me, formed the fummarj 
abfl:ra6l, which he publiihed as a marginal -note in the 
firft volume of his Hiftory of MaiTachufetts, p. 215. 
firft printed 1764. This may be depended upon as ge- 
nuine information, and is as follows : 

Governor Hutchmfon' s Account of PFh alley and Goffe. 

'* In the fhip. t which arrived at Bofton from Lon- 
don, the 27th of July, 1660, there came paffengers. 
Colonel Whalley and Colonel Goife, two cf the late 
King's Judges. Colonel GofFe brought teftimonial« 
from Mr. John Row and Mr. Seth Wood, two minif- 
ters of a church in Weftmi niter. Colonel Whalley 
had been a member of Mr. Thomas Goodwin's church. 
Goffe kept a journal or diary, from the day he left Wefl- 
minfter, May 4, until the y^ar 1667 ; which together 
with feveral other papers belonging to him, I liave in 
my polfellion. Almoft the whole is in €hara<Slers, or 
ihort hand, not difficult to decypher. The Itory of 
thefe perfons has never yet been publillied to the world. 
It has never been known in New-England. Their pa* 
pers, after their death, were coUe^^cd, and have re- 

\ Caj>t, FUrcs. 



OF KING CHARtLES t. S^i 

malned near an hundred years in a library in Bofton J 
It mult give Tome entertainment to the curious. They 
left London before the King was proclaimed. It does- 
not appear that they were among the moil obnoxious of 
the Judges: but as it was. expected vengeance would 
be taken of fome of them,- and a great many had tied, 
"they did not think it fate to remam. 1 hey did not 
attempt to conceal their perfons or charafters when 
they arrived at Boiton, but unmediately went to the Go- 
vernor, Mr. Endicot, who received them very courte- 
ouily. They were vifited by the principal perfons of 
the town ; and among others, they take notice of 
Colonel Crown's coming to fee them. He was a noted 
RoyaJiil:. Although they did not difguife themfelves, 
yet they chofe to relide at Cambridge, a village about 
lour miles dillant from the town, where they went the 
firii: day they arrived. They went publicly to meetings 
on the Lord's day, and to occafionai lectures, tails, and 
thankfgivings, and were admitted to the facrament, and 
attended private meetings tor devotion, vifited many of 
the principal towns, and were frequently at Bofton ; 
and once when infulted there, the perfon who infulted' 
them was bound to his good behaviour. They appear- 
ed grave, ferious and devout ; and the rank they had 
fullained commanded refpe6l. Whalley had been one 
of Cromweirs Lieutenant-Generals, and Goiie a Ma- 
jor-Geiieral. It is not ftraKge that they lliouid meet 
with this favorabie reception, nor was this reception 
any contempt of the auinority in England. They 
were known to have been two of the King's Judges ; 
but Charles the fecond was not proclaimed, when the 
Ihip that brought them left London. They had the 
news of it m tue Channel. T'he reports atterwards, 
byway of-barbadoes, were that all the judges would 
be pai"dohed but feven. The a<5t of indemnity was not 
brought over till the lail: of November. When it ap- 
peared, that they were not excepted, foir.e of the princi- 
pal p-eiK^ns in the Government were alarmed , pity acd 



24 HISTORY OF THREE OF THE JUDGES 

compaffion prevailed with others. They had aiiiiran- 
ces from feme tisal belonged to the General Court, that 
they v/ouid Itand by them, but were advifcd by others 
to think ot removing. The 22d. of February, 1661, 
the Governor fummonsd a Court of affi-lants, to con- 
fult about fecuring tnem, but the Court did not agree 
to it. Finding it unfafe to remain any loRger, they 
left Cambridge the '26th following, and arrived at New- 
Haven the 7th of March, 1661. One Captain Bren- 
dan, who had feen them at Bolton, gave information 
thereof upon hi& arrival in England. A few days after 
their removal, a hue and cry, as they term it in their 
diary, was brought by the way of Barbadoes ; and 
thereupon a warrant to fecure them illued, the 8th of 
March, from the Governor and Alhifants, which was 
lent to Springfield and other tow^ns in the w^eilern part 
of the colony ; but they were beyond the reach of it." 

The Governor adds in a long marginal note, ** They 
were well treated at New-Haven by the minlliers, t 
and fome of the magiftrates, and for fome days feemed 
to apprehend themfelves out of danger. But the nev/s 
of the King's proclamation being brought to New- Ha- 
ven, they were obhged to abfcond. The 27th of 
March they removed to New-Milford, and appeared 
there in the day time, and made themfelves known ; 
but at night returned privately to New-Haven, and 
lay conceiiled in Mr. Davenport the miniiler's houfe, 
until the 30th of April. About this time news came 
to Bolton, that ten of the Judges were executed, and 
the Governor received a royal mandate, dated March 
5, 1660. to caufe Whalley and Goife to be fecured. 
Tliis greatly alarmed the country, and there is no 
doubt that the court were now in earneit in their endea- 
vors to apprehend them : and to avoid all fufpicion, 
they gave commiifion and inilru6lion to two young 
merchants from England, Thomas Kcllond and Tho- 
mas Kirk, zealous royal i (Is, to go through ihe colonies, 

f Rev, jiln Da-vcv^crt ar.d Rev, I^'icto/as StrniU 



^5Jr:' ^p KING 'XTHARLES I.' ' 25 

Sis'T^r 2S' Manhados, in Tea re h of them. T-lvey had 
friends who informed them v/h at was doing, and thev 
removed from Mr. Davenport's to the houfe of one 
Jones, :{: v.here t'r/ey lay hid until the i ithof May, and 
then removed to a mill, and from thence, on tiie 13th 
into the woods, where they met Jones f.nd two of his 
companions, Sperry and Burril, who iirii condu6t;ed 
them to a place called Hatchet-Haiboiir, v/jiere they 
lay two niglits, until a cave or hole in tlie fide of a liill 
was prepared to conceal them. This hill they called 
Providence-Hill : and there they continued from the 
15th of May to the i ithof June, fomeiimes in the cave, 
and in very tempeftuous weather, in a houfenearto it. 
Daring this time the m^elfengers went through New- 
Haven to the Dutch fettlement, from wlience they re- 
turned to Eofton by water. They made diligent fearch, 
and had full proof that the regicides had been feen at 
Mr. Davenport's, ar:d offered i^reat rewards to Englifli 
and Indians who fliould give information, that they 
might betaken ; but by the fidehty of their three friends 
they remained undifcovered. Mr. Davenport was 
threatened with being called to an account, for conceal- 
ing and comforting traitors, and mxight well be alarm- 
ed. They had engaged to furrender, rather than the 
country or any particular perfons fhould fuirer upon 
their account : and upon intimation of Mr. Davenport's 
danger, they generouOy refolved to go to New-Haven, 
and deliver themfelves up to the authority there. The 
mif:ries they had fuftered, and were ilill expofed to, 
and the httie chance they had of finally efca ping, in a 
country where every ilranger is immediately known to 
be luch, would not have been fufficient to have induced 
them. They let the Deputy-Governor, Mr. Leets 
know where they were ^ but he took no meafures to fe- 
cure them ; and the next day fom^e perfons came to 
tliem to udvife them not to furrender. Having pubiiclj 
fnewn themfelves at New-Haven, they had cleared 

t iViUiam Jones f Ejq. afttrivards Dsp'.ny Governor cfConr.sSlcuit, 

c 



rS MISTOIiY OF THREE OF TH£ JUDGES 

Mr. Davenport from the fufpicion of ftill concealing 
them, and the 24th of June went into the woods again 
to their cave. They continued there, fometimes ven- 
turing to a houfe near the cave, until the i9thof Auguft 
— ^^.vhen the fearchfor them being pretty well over they 
ventured to the houfe of one Tomkins, near Milford 
meeting-houfe, where tliey remained two years, with- 
out ft) much as going into the orchard. After that, 
they took a little more liberty, and made themfelves 
known to feveral perfons in whom they could confide, 
and each of them frequently prayed, and alfo exercifed, 
TiS they termed it, or preached at private meetings in 
their cham.ber. In 1664., the commiflioners from 
King Charles arrived at Bofton — Upon the news of it, 
they retired to their cave, where thev tarried eight or 
ten days. Soon after, fome Indians in their hunting, 
difcovered the cave with the bed ; and the report being 
fpread abroad, it was not fafe to remain near it. On 
the 13th of Odober, 1664, they removed to Hadley, 
near an hundred miles diitant, travelling only by night ; 
v/here Mr. Rulfci, the miniiirr of the place, had pre- 
vioully agreed to receive them. Here they remamed 
concealed fifteen or fixteen years, very few pCi-fons in 
the colony being privy to it. The laft account of Goffe, 
is from a htter, dated Ehenezer^ the name they gave 
their feveral places of abode, April 2, 1679. Wbailey 
^.ad been dead fjmetime before. The tradition at Had- 
ky is, that tv/o ptrfons unknown, vvCre buried in the 
miniiter's cellar. The minidcr was iio fufferer by his 
hoarders. They received more or lefs remittances eve- 
ry year, for many years together, from their wives in 
England. Thole iQ\Y perfons wiio knew where they 
were, made them frequent pre fents. Richard Salton- 
fUdi, Efq. wlio was in the f^crel, when he left the 
country and v.-ent to, England in 1672, made t'lem a 
prefent of fifty pounds at his departuie ; and they take 
notice of donations from feveral other friends. They 
vj'ure in conftant terror, though they had reafon to 



OF KING CHARLES T. '2^ 

hope, after fome years, that the enquiry for them was 
over. They read with pleafure the news of their being 
killed, with other judges, in Switzerland. Their dia- 
ry for fix or feven years, contains every liltle occurrent 
in the town, church, and particular famihes in the 
neighborhood. They had indeed, for five years 'of 
their lives, been among the principal aclors in the great 
affairs of the nation : Goffe efpecially, who turned the 
members of the little Parliament out of the houfe, and 
who was attached to Oliver and to Richard to the lad ; 
but they v/ere both of lorv birth and education. I'hey 
had very conftant and exact intelligence of every thing 
which paifed in England, and w^ere unwlling to give 
up all hopes of deliverance. Their greatefi: expetta- 
tions were from the fulfilment of the prophecies. They 
had^. no doubt, that the execution of the Judges was the 
Haying of the witnelTes. They were much diiappointed, 
when the year 1666 had paiTed without any remarkable 
event, but flattered themfelves that the Chridian aera 
might be erroneous. Their lives were miferable and 
conltant burdens. They complain of being baniflied 
from all human fociety, A letter from Goffe's wife, 
who was Whaliey's daughter, I think v/ordi pi-eferv- 
ing. After the fecond year, GoiFe writes by the name 
of JValter Goldjmith, and ihe of Frances Goldjmith ; 
and the correfpondence is carried on, as between a mo- 
ther and fon. There is too much religion in their let- 
ters for the tafte of the prefent day : but tlie didreffes 
oi two perfons, under thefe peculiar circumftances, 
who appear to have lived very happily together, are 
veiy ftrongly defcribed. 

Whilil they were at Hadley, February lo, 1664 — 5, 
Dixwell, another of the Judges, came to them ; but 
from whence, or in whit p.irt of America he firft land- 
ed, is not known. The fn-ft mention of him in their 
journal, is by the name of Colonel Dixwell ; but ever 
after they call him Mr. Davids. He continued fome 
years at Hadley, and then removed lo New-Haven,— 



i>S KISTORY O? THE22 OF THE JUDGES 

He was generally fuppofed to have been ©ne of thofe 
who were obnoxious in England ; but he never difco- 
vercd who he was, until he was on his death-bed. I 
have one of his letters figned James Davids, dated 
March 23, 1683. He married at New-Haven, and 
left feveral children. After bis death liis ion, who be- 
fore had been called Davids, took the name of Dixwell, 
came to Bofton, and lived in good repute ; was a rul- 
ing elder of one of thei churches there, and died in 
1725, of the fmail-pox by inoculation. Some of his 
grand -children are now living. Colonel DiKwell was 
buried in New-Haven. His grave-ftone ftili remains 
with tills infcription, — '^ J. D. Efq. deceaied Marcl> 
i8th, in the 82d year of his age, 168S." 

It cannot be denied, that'many of the principal per- 
Ions in the colony greatly efteemed thefe perfons for their 
profellions of piety, and their grave deportment, who 
did not approve of their political conduA. Mr. Mitch- 
el, the rninifter of Cambridge, wlio fhevv^cd them 
great friendship upon their firll arrival, fays in a manu- 
script which he wrote in his own vindication, ** Since 
I have had opportunity, by reading and difcourfe, to 
look a little into that aclion for which tliefe men fijfter, 
I couid never fee that it was juftinable.*' After they 
xvere declared traitors, they certainly would have been 
fent to England, if they couid have been taken. It was 
generally thought that they had left the country ; and 
even tlie confequcnce of their efcape was dreaded, leO: 
when they were taken, thofe wlio iiad harbored them 
fiiould fufferfor it. Mr. Endicot, the Governor, writes 
to the Earl of MancheRer, that he fiippofes they went. 
tov/ards the Dutch at Manhados, and took fhipping 
far Holland : and Mr. Brauil:reet, then Governor, in 
December 1684, writes to Edward Randolph, "that 
after their being at New-Haven, he could never hear 
v/hat became of them." Randolph, who was fent to 
fearch into the fec'rets of the government, could obtain 
no more knowledge of them, than that they had be^ 



i>S HISTORY O? THRSa OF TMS JUDGES 

He was generally fuppofed to have been ene of thoft 
who were obnoxious in England ; but he never difco- 
vercd who he w:;3, until he was on his death-bed. I 
have one of his letters figned James Davids, dated 
March 23, 1683. He married at New-Haven, and 
left feveral cliildren. After bis death his foa, who be- 
fore had been called Davids, took the name of Dixwell, 
came to Bofton, and lived in good repute ; was a rul- 
ing elder of one of thel churches there, and died in 
1725, of the fmall-pox by inoculation. Some of his 
grand-children are now living. Colonel Dixwell was 
buried in New-Haven. His grave-ilone ftili remains 
with tills infcription, — ^^ J. D. Efq. deceafed Marcl> 
i8th, in the 82d year of his age, 168S." 

It cannot be denied, that many of the principal per- 
sons in the colony greatly efteemed thefe perfons for their 
profellions of piety, and their grave deportment, who 
did not approve of their political conduct. Mr. Mitch- 
el, the miniiler of Cambridge, who fliev/ed them 
great friendibip upon tlieir firll arrival, fays in a manu- 
fcript which he wrote in his ov/n vindication, " Since 
I have had opportunity, by reading and difcourfe, to 
look a little into that action for which tliefe men fjffer, 
I could never fee that it was jurdnabb." After they 
were declared traitors, they certainly v/ould have been 
fent to England, if they could have been taken. It was 
generally, thought that they had left the country ; and 
even the confequcnce of their efcape was dreaded, left 
when they were taken, thofe wlio had harbored them 
faould fufferfor it. Mr. Endicot, the Governor, writes 
to tl;e Earl of Manchciier, that he fuppofes they went. 
towards the Dutch at Manhados, and took fhipping 
for Holland : and Mr. Bradiireet, then Governor, in 
December 1 68_J, writes to Edward Randolph, "that 
after their being at New-Haven, he could never hear 
what became of them." Randolph, who was fent to 
fearch into the fec'rcts of the govenunent, could obtain 
no more knowledge of them, than that they had bc«a 






M':Hich''j)ierry 




jWJiu/ph lin 



m 



/ 






t^ Mav 13 



^^^x 



,/ 



MAP of¥EW-HAVE7\r ^^ 
and l/j- Envu'Oii'f. \ 


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--[ 


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Sca/e ofMili,- ^ 









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MTIUcJiifperry 









OF KING CHARLES I. , 29 

in the country, and refpefl had been fhewn them by 
fome of the Magiilrates. I anri loth to omit an anec- 
dote handed down through Governor Leverctt's family, 
I find GofFe takes notice in his journal of Leverett'-s 
being at Hadiey. The town of Hadley was alarmed by 
the Indians in 1675, in the time of pubhc worihip, and 
the people were in the utmoft confuiion. — Suddenly, a 

frave elderly perfon appeared in the midfl of them.— • 
n his mien and drefs he differed from the reft of ths 
pf^ople. — He, not only encouraged them to defend them-- 
feives ; but put himfelf at their head, rallied, infiru6l^ 
ed, and led them on to encounter the. enemy, who by 
this means were repulfed. — As fuddenly the deliverer of 
Hadley difappeared. — The people were left in confter- 
nation, utterly unable to account for this ftrange plioeno- 
menon. It is nut probable they were ever able to ex- 
plain it. If Goife had been then difcovered, it mud 
have come to the knowledge of thofe perfuns, who de- 
clare by their letters tb_at they never knew^ v/hat becams 
of him."t 

Thus far Governor Hutchinfon's narrative concern^ 
ing thefe two perfons ; which is the more valuable, as 
being extra6led from their journal, it mufi contain the 
mod accurate information we can ever obtain. To 
this extract pofterity muft ever have recourfe, fince it 
is out of our power again to recur to the original jourr 
nal, which with Goffe's other papers, in the Govern^ 
or's hands, were irrecoverably loft when the Governor's 
houfe was demoliihed in the tumults of tlie Stamp A6i, 
1765. But that we may coile£t all he fays in other parts 
of his hi (lory refpe61:ing tiiefe. Judges, I (hall fubjoiu 
another extra6l. 

In 1664, four commifliones were appoiuted by the 
King, Colonel Richard Nichols, Georg.-r Cartwright, 
Efq. Sir Robert Carr, and Samuel Maverick, Efq.--— 
After the r.^duftion or Maiihados, thev returned to Bof- 
ton, exhibited a number of articles to the G-neiai Af- 
. t ^i*'<^^' i''fi' ^^I- y.L p. 18. 

C 2. 



30 HISTORY OF THREE OF THE JUDSES 

fciTibly of MafTachufetts, on which they were charged 
by the King to make inquiry ; and to which the Af- 
fembly, in May 1665, make their anfwers. In an- 
fwer to the tenth in{lru6lion, they fay, " That they 
knew of no perfbns attainted of high treafon, who had 
arrived here, except Mr. Whalley and Mr. Goffe, and 
they before the a6l of Parhament, and they departed 
this jurifdiclion the February folio vving, and a procla- 
mation againft them coming foon after by way of Bar- 
hadoes, the Court fent two gentleman, Mr. Kel- 
lond and Mr. Kirk, after them to Connedlicut and 
New-Haven, to apprehend them."t 

Hitherto we have proceeded upon accurate and au- 
thentic documents. I fhall now ~coile6t and exhibit 
other fcattered lights and traditionary information, pre 
ferved partly in the public fame which fuch an event 
would be likely to produce at New-Haven and Hadley, 
and partly in families whofe anceftors were privy to the 
fecrets of thefe men, and concerned in their conceal- 
ments. Thefe anecdotes, together with the defcription 
?.n(\ delineation of their places of abode, may illuilrat© 
the hiflory of thefe fugitive pilgrims. 

Among the traditionary anecdotes and ftories con- 
cerning the events, which took place at and about the 
time the purfuers were at New-Haven, are the follow- 
ing. 

I. The day they were expe61:ed, the Judges walked 
©at tov^'-ards the neck bridge, the road the purfuers muil 
enter the town. At fome diflance, the Sheriff or Mar- 
dial, v/ho then was Mr. Kimberly, overtook thena 
with a warrant to apprehend them, and endeavored to 
take them. But the Judges Hood upon their defence, 
and placing themfelves behind a tree, and being expert 
at fencing, defended themfelves with their cudgels, and 
repelled the officer ; who went back to town to com- 
mand help, and returned wi;h aid, but found the Judg«s 

rjt Hutcb* U'tji. Majf. />. 243, 



OF KIN© CHARLES I. ^t 

had ePjapcd, having abfconded Into the woods, with 
which the town was then f-jTrouaded. 

2. That immediately after this, on the fame day, 
the Judges hid themfelves under the bridge one mile 
from town ; and lay there concealed under the bridge, 
while the purfiiivants rode over it and paifed into town : 
and that the Judges returned that night into town, and 
lodged at Mr. Jones's. All this, tradition fays, v/as a 
preconcerted and contrived bufmefs, to fliew tliat the 
Magiftrates at New-Haven had ufed their endeavors to 
apprehend them before tlie arrival of the purlliers. 

3. That on a time when the purfuers were fearching 
thet0wn, the Judges, in fnifting their fituations, hap- 
pened, by accident or defign, at the houfe of a Mrs. 
Eyers, a refpe6lable and comely lady : flie feeing the 
purfuivants coming, ufliered her guefts out at the back 
door, who walking out a little ways, inllantly returned 
to the houft, and were hid and concealed by her in her 
apartments. The purfuers coming in, enquired whe- 
ther the regicides vs'ere at her houfe ? She anfweredj 
thty had been there, but were jufc gone away, and 
pointed out the way they v/ent into the fields and woods, 
and by her artful and polite addrefs, fhe diverted 'them, 
put them upon a falfe fcent, and fecured her friends. 
It is rather probable that this happened the next day 
after their coming to town : and that they then left the 
town, having fnevv^n themfelves not to be concealed in 
Mr. Davenport's, and went into the wocdi to the mill, 
two miles otf, v/hither they had retired on the nth of 
May. 

4. The family of the Sperrys always tell this (lory ; 
that while the Judges were at the houfe of their anceftor, 
Mr. Richard Sperry, they were furprized with an un- 
expe6led vifit from the purfuers, whom they efpied at 
a difcance coming up a long caufway to the houfe, ly- 
ing through a morafs, and on each fide an impalliblc 
fwamp, fo that they were feen perhaps fifty or fixty 



3^ HISTORY OF THREE OF THE JUD€SS 

rocls before they came up to the houfe. But the Judges 
cfcaped into the woods and mountains, and eluded their 
learch. This ftory is current at New-Haven, and is 
always told, as wliat took place after the return of the 
purfuers from New-York, and lb w^as unexpected to 
Sperry and the Judges. Governor Hutchinfon fays, 
the purfuivants returned from Manhados to Bofton by 
water ; but the conftant tradition at New-Haven is 
otherwife, and that they were here a fecond time, and 
that it was thought they got their information of their 
being at Sperry 's^ in confequence of the bribes they 
had fcatteved here, at their former vilit, among fevvants. 

5. About the time the purfuers came to New-Ha- 
ven, and perhaps a little before, and to prepare the 
minds of the people for their reception, the reverend 
Mr. Davenport preached publicly h^om this text, Ifai. 
xvi. i^» ^, Take counjel^ execute judgment^ make thy jha- 
dow as the night in the midjl of the noon day ; hide the 
out-cajhy biwray f/9$ hi/n that wandereth. Let mine 
Qut-cafts dwell with thee ; Moab^ be thou a covert ts 
them from the face of the fpoiler. This doubtlefs had 
its eifeCt, and put the whole town upon their guard, 
and united them in caution and concealment. 

As Keliond and Kirk, befides the royal mandate^ 
received a warrant from Governor Ersdicot at Boilon, 
to make f?arch triro.igh the colony of Mairachrifetts -Ao 
palling out of that jurifdidion into the jurifdiclion of 
ConneClticut, they obtained a fimilar v/arrant from tiie 
Governor, Winthrop, at New-London, and upon en- 
tering into the colony of New- Haven, they applied to 
Governor Leet, at Guilford, for a like warrant to fearch 
this jurifdi<Slion alfo. They lodged at GuiUord May 
1 2th, aa^hext day rode eighteen miles to New-Ha- 
ven, an^Pighr enter the tov/n about noon. The banks 
of the. liver at Neck-Bridge are low, and fait marih on 
both fides, fo that the bridge is low, being only high, 
enough to avoid high water, which is here fi.x. to eight 



OP KING CHARLES J, ^^ 

feCt tide ; f) there could be no hiding under the bridge 
at high Vv^ater. From ths rnlronomical or lunar tabks 
\vc find, that on the 13th May, 1661, the fun was in 
thc-feconddec^ree of gemini, and the moon in the lirft 
of arie?, or about fixty degrees apart, and fo about two 
ihys and half after the lait: quarter ; when it is always 
high water at Ne,v-Iiavcn about;, or a little after fix 
o'clock, and low water about noon, the only time when 
they could have fccreted themfelves under ihe bridge, 
agreeable to tradition. 

6. To (hew the dexterity of the Judges at fencings 
this (lory is told : That while at Boilon, there appeared 
a gallant perfon there, (oine Uy a fencing-mafter, who 
on a ftage ere6led for the purpofe, v/alked it for feve- 
raldays, challenging and defying any to play with him 
at fwords : at length one of the j udges, difguifed in a 
ruific drefs, holding in one hand a cheefe wrapped in a 
napkin, for a flieild, with a broom-flick, whofe mop 
he had befmeared v^ith dirty puddle water as he paifed 
along ; thus equipped, he mounted the flage : — -The 
fencing-mafler railed at him for his impudence, alked 
what bufmefs he had there, and bid him be gone.-— 
The Judge ilood his ground — upon which the gladiator 
made a pafs at him with his fword, to drive him oif — 
a rencounter enfued — -the Judge received the fword into 
the cheefe, and held it till he drew the mop of the 
broom over his mouth and gave the gentleman a pair 
of whiikers — The gentleman made anotl^er pafs, and 
plunging his fword a fecond time, it was caught and 
held in the cheefe, till the broom was drawn over his 
eyes — At a third lunge, the fw ord vv-as caught again, 
till the mop of the broom vv2.s rubbed gently ail over his 
face. — Upon this the gentleman let tall, or laid afide 
his fmall fword, and took up the broad A^ord, and 
came at him with that — Upon which the Judge faid, 
Hop fir, hitherto you fee I have only played with you, 
and not attempted to hurt you ^ but if you come at me 
ROW with the broad-fword, know, that I wiUcertainlf 



34- HISTORY OF THREE OK THE JUDGES 

take your life. The iirmnefs and determinatenefs with 
which he fpake, ftruck the gentleman, who deilfting, 
rxciaimed, who can you be r You are either Gofre, 
Whalley, or the Devil, for there was no other man in 
England that could beat me. And fo the difguifed 
Judge retired into obfcurity, leaving the fpe6iators to 
enjoy the diveruon of the fcene, and the vanquifhment 
of the boading champion. Hence it is proverbial in 
fome parts of New-Enghnd, in fpeaking of a cham- 
pion at athletic and other exercifes, to fay that none 
can beat him but GofFe, Wlialley, or the Devil. 

I fay nothing on a few variations in narrating this 
ftory — as that fome fay the fcene was at New- York, 
where the fencer ftaked and offered a hat crown full of 
iilver to the man that fhouid beat him — The place cer- 
tainly was Boilon, if any where, for they never were 
out of New-England ; and that the fencer difcerned 
and recognized his mailer in the a 51 of fencing, and 
defifted inftantly, faying, you are my mailer. Colonel 
GofFe, who taught me fencing — You, Cir, and no 
other man can beat me. 

I fhall &OW confider more particularly their critical 
fituation at New-Haven, during the dangerous period 
of the lail two months of their public appearance, and 
efpecially of the laft month previous to their final abdi- 
cation. But a fummary view of the polity and fpirit 
of the little republic of New-Haven colony, will be ne- 
ceiiary to throve light upon thefe tranla6lions ; and 
without it thefe events will not be perfe6lly mtclliglble. 

The colony of New-Haven jurifdi6lion, was begun 
1637 and i6';8. The fetUers came over from England 
together, chN?!!}; from L' ^ndon and it^ vicinities. They 
came three dillin^Sl congregations with their minillers ; 
from the beginning infending to fettle down in three 
diii ln6l and f^parnte tnwnfhips ; and to form and coa- 
lefce into one body politic, di^lind from Mairachufetts, 
Plymouth, and the other colonizations. They planted 



er KING CHARLES I. 35 

down together at and about New-Haven, with thele 
original views, which they carried into immediate ex- 
ecution. They therefore at their firit coming to Bof- 
ton, went beyond Mailachufetts, and Conne6ticut then 
juil fetlhng aifo, to Quinipioke, with the view of fet- 
tHng, fomev/here by themfelves, v/ithin the Earl of 
Warwick's patent aihgned to Lord Say and Seal, who 
held in truil for Puritan exiles. Here they pitched and 
fettled their tc^wns, and formed into a feparate inde- 
pendent government ; and framed their polity for them- 
felves, one of the v/ifefi: ever devifed by man. This 
cm.bryo of a perfect republic v/as conceived by the con- 
current wifdom ot Governor Eaton, Goodyear, Nev/- 
mah, Leet, Defborough, and other fenfible and patri- 
otic civihans, and the three learned miniiters, Daven- 
port, Whitfield and Prudden. 

Samuel Defborough, Efq. afterward;? Lord Keeper 
of Scotland, was related to Major-General John Def- 
borough, one of Ohvers Lords. Pie came over v, ith 
the reverend Mr. Whitfield, was a magiftrate, and at 
the head of the fettlem.ei^t of Guilford. He returned to 
England 1651 ; became " one of the commiifionersof 
the revenues ; the fame year reprefented the city of 
Edenburghin Parliament : at a council held at White- 
hall, May 4, 1655, he was appointed one of the nine 
counfellors for the kingdom oi Scotland ; and the fame 
year Keeper of the Great Seal of that nation, and al- 
lowed ^2000. annually : — The year following he was 
returned a member of the Britiih Parliament for the 
Sheriffdom of Mid-Lothian ; and was continued in 
all his employments under the Prote&or Richard." t — 
This fnews him a man of political abilities to fuftain 
fo many and fuch high betruftrnents with the reputation 
and acceptance witli which he difchargeJ them. 

Upon amicable confultation, they devifed this little 
fyftem of policy, the miniature even of our prefcnt po- 
t ^''"^^^i ^"'^^^' *. 254. 



36 HISTORY OF THREE OF THE JUDGES 

licy, admitling an unfolding of itfclf into an enlarge- 
ment and application even to the efficacious dominion 
of the largeit republic. Their idea was ro found and 
inftitnte a general aiTembi)', or a court of general jurif- 
di6Lion, for legiilation and dominion over all the towns, 
and a regulation of the fubordinate interior local policy 
of therefpedive towns, left in tliis to themfelves. Or, 
to invert the order of origination, the towns to govern 
themfelves abfolutely and independent'y as far as re- 
fpected themfelves : — In as far as refpeded the common 
public interefl: of all the towns, to inllitute an authori- 
tative governmental and judi^'^lal Council, to which all 
ihould I'ubmit and be fubordinated, fo far as refpeded 
the common interefl of the repubhc. 

The General Court was to be conftituted and con- 
fiil of two branches ; both eledive in different modes 
by the people : The one to confift of deputies of the 
towns, eleded twice a year by each town refpeCtively ; 
the other, by the name of Magiftrates, confuting of a 
Governor, Deputy-Governor, and three or more others 
of abihties and patriotifm, elected by the general voice 
of ail the freemen annuaJiy. The concurrence of thefe 
two branches made a public a6t or law. The fupreme 
adminiftration, both, civil and mihtary, to be with the 
Governor or Deputy-Governor ; the judiciary was in 
the Governor and Magiftrates. The mode of eledlion 
was thus : In April, preceding the election and fellion 
of Allcmbly, v/hich was the laft week of May, annu- 
ally, the towns e]e6ted two deputies each ; and at ihc 
fame time nominated in each town, one or more per- 
fonf^ for the Magidracy : but this was not eledion. In 
tlie firft inftance, each of the three towns nominated 
two perfons ; and their names were fent by the Go- 
vernor to all the towns ; which, on the day of eledion, 
v;ere limited and confined to make their choice of Ma- 
giftrates (not Governor nor Deputy -Governor) out of 
thefe perhaps half a dozen nominated perfons, eleding 
three ufually, fomedmes more, out of the v\^hole, for 



©? KING-CHARLES 1. 37 

r^Iijgsfi rales. On the day of eledion a iermon way 
preached by one of the MiniHers. It was originaliy 
defigned that, however Mofes and Aaron fhoiild walk 
togtther in co-operative harmony, yet the MinifLcrs 
Ihould not be eligible into the Magiitracy. When all 
the freemen of all the towns were alfcmblcd on tlie day 
of eleclion, they nrfl chofe a Governor and Deputy- 
Governor, not herein confined to the nomination ; then 
cut of the nomination a Magiilrate for each town, not 
as a reprefentative for that town only, for they differed 
from the deputies, Hood on general election, and were 
thereby beconie charged with tlie general interell of all 
the towns. Tl:ey at the fame time chofs a Secretary, 
Treafurer and Marlhal, out of a previous nominati un 
of the towns as general officers. The choice thus an- 
nually finilhed upon the election dv.y ; the general olli- 
cers and town deputies form.ed thenilelves into nh orc^a- 
nized AlTembiy, or General Ccnrt, for the Jurifdiciion. 
This for the Legiflature and General Gavernment. 

For the executive adminiriration, whether judical or 
govermental, they eftablillied this fyliem : Each town 
annually chofe four deputies, or judges, for town Court?, 
diftin^l from deputies of the General Court : thefe fat 
in their refpecSlive towns, and ailed judicially in all civil 
matters and lower felonies, much like the Juftices for 
keeping the peace, and local for the town, or rather 
iimilartoour County Court Judges for the Counties. 
I'hefefour deputies, chofen by the towns, ^Ae^e report- 
ed or prefented to the AlTemibly, who approved, empow- 
ered and eiiabliflied them : fo that they became within 
the tovv^n diflrids, judiciary officers of the law, vefttKi 
with civil authority and legal jurifdiclion. There were 
then no Juftices of peace in the colony. In each town 
■ v.as a Marlhal ; and a military company whofe chief 
officer was a Lieutenant, under the Governor, who was 
commander in chief. The Supreme Judiciary v/as a 
Court of Magiftrates, firft at New-Haven, to wldck . 
D 



-S HISTORY O? TMRSE OF THE JUDGES 

fhe whole colony was amensble ; coniiPdng of the Gov- 
ernor, Depuly-Governor, and the three or more Magi- 
irrates. iTide had the cognizance and trial of a!) caii- 
fes civil and criminal, being held to proceed according 
toftri^l law and jiiilice, and according to the principles 
and fpirit of the laws of England. It was a Court of 
original as well as appellate jnrifdi£lion, but chiefly 
original, caiifes ufually being bronghit before them in 
.the iirlt inibnce. With them, alio, was the probate of 
wills, and all teftamentary matters, and fettlement of 
inteftateefcu?. This Court adminiftered juftice with 
great firmnefs, impartiality, aild dignity. It was in 
the conilituticn that this judiciarv power flioukl veil in 
the M?.giilracy, and not be the effect of an annual in- 
vcuitcre by the AiTembly. In the public records this 
judiciary Court was (tiled the Court of Magiiiracy ; 
and the meetings of the General Aifembly, are ftiled 
General Courts, and were folely Icgiflatorial and gov- 
ernmental, while the former were only executive and 
indicir.l. It belonged to the Governor in his double ca- 
pacity of Governor of the colony, and chief judge or 
head of the Magiftrates or Supreme Judiciary, to take 
cognizance of treafon, and to execute the King's war- 
rant for the apprehenlion of the Judges, had he receiv- 
ed it in feafon, Vv'hich he did not, and which as foon as 
lie received it, he executed, fo as to favc himfelf and 
the colony i^'Dni ii.'putiiticns. 

Here we f:e a diicincSlion between Deputies of the 
Tou-n Courts, 'and Deputies of the General Court. — 
The former were the civil authority of the town, and 
oh cccaiion v/ere frequently confuited by the Governor 
and Court of !\/Ligirirale3. ' Thefe, not thofe of the Ge- 
r^eral Ailen-ihly, were the Deputies v^hich Governor 
Leet called in to advife with, wlicn he and the Magi- 
Itrates met at New-Haven, on the application of Kel- 
lond and Kirk for a warrant ci fearch ; which apphca- 
tlon they refufed, becaufe they had as yet received n® 
orders frocil. tlic King's iiiajedy. 



OF KING CHARLES I, 3IJ 

Thus have I given a general and uimmary idea of fhc 
initial polity, leginatorial, judicial and goverment:^!. 
Their laws and decilions were excellent, founded in 
juflice and wifdom. The hi[!;ory of their laws and 
tranfa6lions, with a very few exceptions of iindne, tlio' 
Gonfcientious rigidity, and yet farlefs oppi-eOive than 
any other policy on earth, ancient or modern, would 
do honor to any national councils. As to their initial 
jurifprudence, it was a fingularand judicious iimplica- 
tion of law, and recovery and emancipation of it, from 
the confufed coUuvies of European jnrifprudence, 
involved and embnrrafTed with contradiclory decilions 
in the accumulation of ages ; a finipllncatios as honor- 
able to the jural world, as to the republic of letters v/ns 
the Newtonian difcovery of the fimple energetic lav^^s of 
nature which operate with difFufive efficacy tliroiigh the 
fyi'lem, the fimple principle of gravity, wdiich com- 
mands the m.oon and the fatellites, governs the planets 
and comets in their vaft extended orbits, their lofty 
and magnificent revolutions. In 1656 they printed 
their little code of krvvs, and difperfed five hundred co- 
pies among all the freemen through the v/hols jurifdic- 
tion. If their laws and adjudications have been in fom® 
inflancesjuRdy ridiculed and condemned ^ let it be re- 
mem.bered that there is no ftate in which it may not be 
eafy for candid and liberal minds, and efpecialiy for a 
fatyrical and malicious Zoilus, to fele6l at lead a fevf 
lavv'sand adjudged cafes, which juftly merit contempt, 
evQii when the general digeft of their jurifprudence and 
law proceedings may be wife, juft and excellent. Be- 
fides taking care for civil policy ; they took care of 
religion and learning. From the beginning they bylaw 
ellablifhed aminiflry in each tovs^n, to be fupported by 
the inhabitants ; from the ^beginning, they by law edab- 
liihed fcliools in each town for comm.on education, the 
teaching of reading and writing, and arithmetic ; and a 
colony grammar fchool to prepare youth for College. 
By A 654 Mr. Davenpor- brought forward the infiitutiow 



40 -HISTORY C? T!IRE2 OF TMS JUDGES 

of a College, to which the town of New-Haven mad« 
a donation of lands and meadows, diftlngnifhed to this 
day by the name of College Land. Upon a donation to 
this College in Nev/-Iiaven, of perliaps ^^400 or;(r5oo 
iicrling, by Governor Hopkins, who died in London 
4656, v/hich donation was procured by the correfpond- 
ence of Governcr Eaton and Mr. Davenport with Mr. 
Hopkins, tlie General AHembly creeled the Colony 
School into a College for teaching " the three learned 
languages, Latin, Greek and Hebrew ;" and for *^ the 
education of youth in good literature, to fit them for 
public fervice in church and commonv/ealth ;" and 
il-ttled .^40 a year out of the Colony treafury upon th^ 
preceptor or re6lor, bchdcs the f^jlary from New-Haven 
ichool, with /i 00 for a library, Mr. Davenport took 
the care of the Colony School for feveral years; until 
tlie Truftees, with the Magiilratcs and Miniders, in 
1660,. eftabliilied tlic reverend Mr. Peck in it, accord- 
ins; to a6l of the Ailembly ; who undertook and proceed- 
ed in it, teaching the learned languages and tlie fcienccs. 
Eut the convulfions of the times, the diffolution of the 
colony in 1664, the difcouragemcnts Mv. Peck met 
with for v.'ant of proper fupport, and the removal of 
Mr. Davenpoit fi-om New-Haven to Bofton in 1667, 
broke up the college — and left this well begun literary 
infliiUlion to go out and terminate in a public grammar 
ichool, upheld in this town, and holdiiig the Hopkins' 
funds, and the other endov/ments of college cfiate, to 
this day. Yale College is a diiTerent inditution, and 
not at all built upon the foundation of this hrft college, 
■^vhich became extin6l in 1664, and eli^ecially long be- 
fore 1700, vdien the prefent college was founded at 
Saybrook, and before 1717, Vvhen it was removed and 
fettled in Ne^s^-Iiaven. By this it appears what early 
auention was paid to literature by New-Haven colony, 
IVom its foundation and firft f.ttlement. Our anceftors 
ilem to have paid an early attention to every thing that 



OF KING CHARLES I. Al 

refpeded the well ordering of fociety, as to laws, go- 
vernment, religion and literature. 

Never was dominion and government more juftly 
and firmly adminiftered than in the colony of New- 
Haven, daring the firil twenty-five years from the ori- 
ginal plantation of the colony to its confolidation with 
the colony of Hartford, or Connecticut, 1664; when 
New-Haven colony terminated, and was abforbed in 
the joint union of the two colonies of New- Haven and 
Conne61:icut, under the pohty of the charter procured 
by Governor Winthropin 1662 ; a polity very firiiilar 
to that which had obtained at New-Haven from its 
original. Though it began with the three towns of 
New-Haven Milford and Guilford, as did Connedicut 
at the fame time, with the three towns of Hartford, 
Windfor and Wethersfield ; yet it was joined, fo early 
as 1642 by Stamford, while Stratford and Fairfield, 
about the fame time, joined with Hartford : and 1648 
New- Haven was joined by Southokl, on the eali tnd 
of Long-Ifland, and was in negociation to be joined 
by Oyfter-Eay. Before this, 1644, Totoket, or Bran- 
ford, had fprung from New-Haven and Guilford, as 
had Paugaffet, or Derby, from Milford and New-Ha- 
ven, by 1658 or 1660, or about the time of the Judges, 
whofometimes, lodged there. At firil:, as I faid, only- 
three towns confociated : from 1643 to 1653, they 
were five ; by the union of Southold, iy 1654, they 
became fix : and fo continued' a confederacy of fm 
towns to the time of the Judges, and to the diifolution 
of the colony in 1664. So that here was the bafis for 
a Houfe of twelve deputies ; which, with a Governor, 
Deputy-Governor, and three or four, and fome times 
five Magiftrates, formed the Senate of this little Sove- 
reignty. 

The ftate of the Magiflracy was thus : Theophilus 
Eaon had been annually^ eledted Governor, and Stephen 
Gt>odyear Deputy-Governor, from the beginning till 
1657, v/hen this was the magiftracy : 

D a 



42 HISTORY OF TKR.KL: OF THE JL-DG£S 

Ekcfion, I'jth yL m. 1657. 

Thcophiliis Eaton, Governor. 
Stephen Goodjear, D^pu-y-Governor. 

Francis Newsnan, *] 

Mr. Leet, > Mapidrales. 

Mr. Fcrin, J 

Francis Newman, Secretary. 
Mr. Wakeman, TVe^furcr. 
Thomas Kimberly, Marih^il. 

Governor Eaton died in NcV/-Haven 1657 ; and 
Deputy-Govei nc!r Goodyear died in London the year 
1658. At the election, May 1658, Mr. Newman 
came in Governor, and Mr. Leet Deputy-Governor. 
Matthey/ Gilbert. Benjamin Fenn, and Jaij3er Crane, 
Magiftrates : W;dceman Treafiirer, Wihiam Gibbard, 
Secretary, and Kimberly Mirlhal. Li 1659, the lame, 
only Robert Treat, of Mih^brd, inflead oi: Mr. Fenn. 
Ln 1660 the fame. Governor Newman died Novem- 
ber 18, 1660: and at x\z acceffion of the Judges, 
March i66i, they ilcod t-:::j : 

Wiliiami Leet, of Gr.ilfcrd, Deputy-Governor. 

Matthew Gilbert, of Nev/- Haven, "^ 

Robert 1 1 e:it, ofMih'brd, >Magl:'lraies. 

JafperCrane, ofBranford, J 

John Wakeman, Treafurer," 

'" ' ' '"of N. Haven. 



John Wakeman, Treafurer,"^ 
WiUiam Gibbard, Secretary, V-Ali 
i homas Kimberly, Marihal, J 



Thefe, with the four deputies of New- Haven town 
«oiirt, were the principal men concerned in the tranf- 
aclions about the Judge?. At the eledion, May 2g, 
1661, th.e critical time, the freemen concluded to aug- 
ment the Magiftracy to five, though for fevcral years 
they had but three, befidcs the two Governors; ani 
accordingly the elefli on, i66r, flood thus : 



®F KING CHARLES I. 43 

Ceiirt of Ele^'iQrU 1()th May^ 1661. t 
William Leet was chofen Governor. 
Matthev/ Gilbert, Deputy- Governor. 
Benjamin Fenn "^ 

. Robert Treat, | 

Jnfper Crane, )> Chofen ^vlagidrates 

John Wakeman, | 

William Gibbard J 

All took the oath of office but Mr. Wakeman and 
Mr. Gibbard, wlio refigncd. Mr. Fenn took the oath 
*' with this explanation (before the oath was adminifter- 
edy that he would take the oath to acl in his place ac- 
cording to the laws of this jurifdiclion. But in cafe 
any buiinef? t'l-om without incnild prefent, he conceived 
he fhould give no offence if he did not attend it : who 
deHred that ib it might be underftobd." 
Roger Ailing, Treafurer. 
James Bifhop, Secretary. 

Thomas Kimberly, Mar/hal. — All for the year 
enfuing. 

General Court , May2(), i66r. 
Prefent, 
The Governor. 
D eputy- Governor. 
Mr. Fenn, Mr. Treat, Mr. Crane. 
Deputies. 
Lieutenant Nafh, 1 xt rt 

J onn Cooper, J 

Tohn Fletcher, 1 ri/i-ir 1 

l-homas Welch, |Mi!ford. 

Mr. Robert Kite hell, 1 r- -ir i 
John Fowler, JGuihord. 

Richard Law, 1 c. r j 

Francis Bell, ) Stamford. 

Barnabas Horton, "to , , , 

William Furrier, joouthold. 

Lieutenant Swaine, 
Lawrence Ward, 

•j- Nexv -Haven College Records 



aven. 



JBranf 



ford." 



44 HISTORY OF THREE OF THE JUDGES 

Having exhibited this fynoptical view of the polity 
and government, I Ihall next make a chronological 
ftatement of events and occurrencies to be afterwards 
verified and enlarged upon. 

1660 — I. March 'J. The Judges arrived at New- 
Haves and appeared publicly, having in their way lirfl 
called upon, and been hofpitably received by Governor 
Wiiithrop ; and been in like manner received by Go- 
vernor Leet. 

27. Went to Milford, as if departing for Manha" 
dos, or New- York ; but returned in the night, and 
were fecreted at Mr. Davenport's till the 30th of April, 
and at Mr. Jones's till nth of May. 

April. The King's warrant arrived at Bofton ; — 
where they had previoufly, upon feeing the King's pro- 
clamation from Barbadoes, in March, made a ficlitious 
fearch through MaiTachufetts. 

May II. Removed from Jones's to the Mills, two ^ 
miles from town. On the fame day Kellond and Kirk 
arrived at Governor Leet's, with only the copy of the 
King's order, fent by the Governor of Bofton ; on 
which Governor Leet did not a6t decidedly : yet fent a 
letter to magiftrate Gilbert, with advice of the town 
deputies, to fearch and apprehend. The Judges had 
notice, and left Jones's for the woods ; yet delignedly 
appeared tv/ice afterwards, while the purfulvants were 
in town — Firfl: at the bridge, again at Mrs. Eyers's. 

13. The purfulvants arrived in New-Haven. The 
Governor and Magiftrates convene there the fame day, 
and under grea4 prelTure and perplexity, tlie purfulvants 
demanding a warrant In the King's name for a general 
fearch— which was refufed. On this day it is fuppofed 
the fingular and dangerous events happened, partly be- 
fore the Governor arrived In town, by the Marfl:ia1:> at- 
tempting to take the Judges near the bridge, which 
iiiufthave been by a warrant from Mr. Gilbert, though 



OF KING CHARLES I. 45 

MOt at firfl to be found — partly afterwards at Mrs. Ey- 
crs's. The Judges this day retired and went to Hatch- 
et-Harbor, and tiience to the Cave prepared by Sperry, 
condu6led by Jones and Biirral. After the purfuivants 
were gone, and before the feilion of Aflembly, a tho- 
rough but iilufory fearch was made by order of the Ma- 
giftrates. The prelfure (o great and dangerous, that 
ieveral dechned ferving in ofncc the next Aliembly and 
town court. 

May 17. The AiTembly convened fpeedily in four 
•ays after the purfuivants arrived in town, and perhaps 
in two days after their departure. To whora the Go- 
vernor dating, that upon receiving the King's real or- 
der, he had iifued a warrant, and had caufed fearch to 
be made ; every requifite feemed to have been already 
done, and fo the Aifembly had nothing further to do in 
the cafe. 

29. Came on the General Eledion ; when the 
Court found no neceility of doing any thing further 
about the Judges. Yet as the Governor and Mr. Gil- 
bert were in danger, it was concluded that the Judges 
Ihould furrender, which they (lood ready to do. 

ytme II. The Judges left the Cave, and v/cnt over 
to Guilford to furrender themfelves to the Governor : 
who, though he never faw them, yet lodged them feve- 
ral nights in his (lone cellar, and fent them food, or 
they w ere fed from his table. Here and at Mr. Roiie- 
ter's they fpent above a week, while it wtxS deliberated 
whether tlie furrendery could or could not be put OiT, 
or at lead deferred. Finally, their friends would not 
fuiTer them to furrender at this time ; and it was con- 
cluded that they ihould retire a^rain to their conceal- 
ment. Upon vv^hich they returned to New-Haven. 

yune 20. They appeared publicly at New-Kaven ; 
and though cautioufly, yet uefignedly. 

24. Tliev retired into the woods to their Cave, and 
ne\'er more came into ovcix life, or out of concealment. 



46 KI2T0RY OF THREE OF THE JUDGED 

But wandering about and fhifting their feveral harbors^ 
were fomc times at Hatcliet-Harbor, fome times at 
Totoket, fome times at Paugaifct, and at t'lree diiler- 
ent places or lodgments behind the Weil- Rock, until 
the 19th of Augiift, 166 1, when they removed and fet- 
tled in fecrecy at MiUord for, two years. At times the 
places of their lodgments v/ere fecretly made known to 
the Governor, to whom they everilood ready to furren- 
der themfelves. 

July J^. The Governor and Magifcrates of MaiTa- 
chufetts colony vvere greatly agitated both for themlclves 
and for New-Haven. Tliey vv^rote a fraternal but re- 
prehenfory letter to Ne^v-Haven. Upon which Gov- 
ernor Leer convened the General Aifembly. 

Aug. I. The General Court met at New-Haven, 
and wrote an anfwer to Bofcon. 

SepL 5. Declaration of tl>e Commiia oners of the 
United Colonies, that fearch had a£luaily been made in 
all the Colonies without fucceis, and enjoining and or- 
dering fijither fearch and apprehenfion. Tins very 
much ended the bufinef-, and the Judges left at red, at 
leail no further moleited> 

The New-Haven politicians of that day judged more 
juftly and with deeper difcernment, and acted with 
more ultimate hrmnefs, on this great and trying occa- 
fton, than their brethren at Boiton. While Bofloa 
trembled for them ; they knew and felt themfelves, 
from circumftances then unknown to Bafton, to have 
cond!i6led whh fafety and fecurity in this dangerous 
fituation. Having made this ftatcnicnt of facls, 1 pro- 
ceed to adduce extra£ls from the public records, and 
traditionary elucidations upon them. 

*'/// a meeting of the General Court foi' the yurifdiufloji. 

May 17, 1661. 

" The Deputy-Governor declared to the Court the 

caufe of the meeting, viz. that he had received a copy 

ei a letter from his Majelly with uiiother letter from 



OF KING CHARLES I. 47 

the Governor of the jMairachiifetts, for the apprehend- 
ing of Colonel Whalley nnd Colonel Goffe, which let- 
ters he fliewed to the Conrt, acquainted them that 
forthwith upon the receipt of them, granted his letters 
to the Magiftrate of Nev/ -Haven, by the advice and 
concurrence of the Deputies, there to make prefent and 
diligent fearch throughout their town for the faid per- 
fons accordingly ; which letters the melfengers carried, 
but found not the Magiftrate at home ; and that he 
liimfeif followed after the meffengers, and caiije into 
New-Haven foon after them, the 13th May, 1661, 
bringing with him Mr. Crane, Magiltrate at Branford, 
who when they were come fent pre(l!ntly for the Ma- 
giftrates of New-Haven and Milford, and the Deputies 
of New-Haven Court. The Magiftrates thus fent for 
not being yet come, they advifed with the Deputies 
about the matter, and after a ihort debate with the De- 
puties, was wTiting a warrant for fearch of the above 
laid Colonels, but the Magiftrates before fpoken of 
being come, upon further confideration (the cafe being 
weighty) it was refolved to call the General Court, for 
the cfFeAual carrying on of the work. The Deputy- 
Governor further informed the Court, that himfelf and 
the Magiftrates told the meftengers, that they were far 
from hindering the fearch, and they were forry that it 
fo fell out, and were refolved to purfue the matter, that 
an anfwer fhould be prepared againft their return from 
the Dutch. The Court being met, when they heard 
the matter declared, and had heard his Majefty's letter, 
and the letter from the Governor of the Maifachufetts, 
they all declared they did not know that they were in 
the colony, or had been for divers weeks paft, and both 
Magiftrates aad Deputies wifiied a fearch had been 
fooner made, and did now order, that the Magiftrates 
take care and fend forth the vvarrant, tbifit a fpeedy dili- 
gent fearch be made throughout the Jurifdi6lion, in 
purfuance of his Majefty's commands, according to the 
letters received, and that irom tlie fcyeral plantations a 



4B HvI^TQl8Y-,OF THREE OF THE JUDGES 

return be made, and that it may be recorded. And 
whereas there have been rumors of their late being known 
at Nev/-Hav€n, it hath been enquired into, and feveral 
perfons examined, but could find no truth in thofe re- 
ports, Zind for any that doth appear, are but unjuil iuf- 
picicns, and groundlefs reports againil: the place, to 
raifeill furmife's and reproaches." [_N. H. Records. 

Thofe in adminillration at this critical time Vv'ill ap- 
pear by the following extra6ts from the public records. 

*^ At a Gener-aJ Court held at Neiv- Haven for ths Ju- 
rifditlloUy Aiigiiftijf, l66i« ' 

The Governor, 
Deputy-Governor, 
Mr. Benjamin Sterne, "j 
Mr. Bobeit Treat, pvlagiftrates, 

Mr. Jafper Crane, ^ J 

Deputies. 

John Cooper, \ New-Haven, 

James Biihop, J 

/t^^^ ^^^'^lf\\ \ Milford. 

I homas Welch, 3 

M^- Rober Kitchill, 1 ^^.^^^^.^^ 

George Hubbard, 3 

Richard Law, Stamford. 



Lieut. Swaine, ' 1 Branford. 

Lawrence \vard, 3 



*^ The Governor informed the Court of the cccafion 
of calling them together at this time ; and among the 
reft, the main thing infifted upon was, to confider 
what application to make to the King in the cafe we 
now Hood, being like to be rendered worfe to the King 
than the other colonies, they feeing it an incumbent 
duty fo to do. The Governor informed the Couit alfo, 
that he had received a letter from the Council in th« 
bay, which was read, wherein was intimated of fundry 
complaints in England made againil Navz-England, 



OP KING CHARLES I. 40 

SincUhcit the committee in England take ■pticeof the 
Degledl 01 the other colonies i:i their non appiication 
to the King. 

Now the Court taking the matter into ferioriS con- 
fideration, after much debate and advice, concuided 
that the writing iliould be. lent to the Council in ih^ 
Bay, the copy whereof is as follows : 

Honorable Gentlemen^ 

** Yours, dated the 4th of July, (61] with a poftcrlpt 
of the 15th, we received July 30th, which was com- 
municated to our General Court, Augull: ill:. We 
have confidered what you pleafe to relate of thofe com- 
plaints made againft New-England, and of what fpirit 
they are reprefented to be of, upon occafion of that 
falfe report againft Captain Leveret, who we believe 
to have more wifdom and honefty than fo to report ; 
and we are alTured that New-England is not of that fpi- 
rit. And as for the other colonies' negled in non ap- 
plication with yourfelves, to his Majefty the laft year, 
it hath not been forborne upon any fuch account, as 
we for ourfelves profefs and believe for our neighbors. 
But only in fuch new and accuftomed matters, were ia 
the dark to hit it in way of agreement, as to a former 
fatisfaclion that might be acceptable ; but fmce that of 
your colonies hath come to our view, it is much to our 
content, and we folemnly profefs from our hearts to 
own and fay the fame to his Majefty ; and do engage 
to him full fubje6i;ion and allegiance with yourfelves 
accordingly, with profelhon of the fame q\yA\:. in com- 
ing with like permiihonand combining with yourfclve-s 
and the other neighboring colonies, as by the preface 
of our articles may appear, upon which grounds \yc 
both fupplicate and hope to find a like protedion, pri- 
vileges, immunities and favors, from his Royal Majeily. 
And as for that you note of our not fo diligent attention 
to his Majefty's warrant, we have given you an account 
©f before, that it was not done out of any miad to llight 
E 



5© ilSTORT OF THREg 01? TKS JUDGES 

er dlfown his Majefty's authority, &c. in the leaft, n?» 
out of favor to the Colonels, nor did it hinder the effe6t 
of their apprehending, they being gone before the war- 
rant came into our colony, as is fince fully proved ; — 
But only there was a gainfaying of the Gentlemen's ear- 
rieftncfs v.'ho retarded their own bufmefs to vv-ait upon 
ours without commiifion, and alfo out of fcruple of con- 
fcience and fear of non faithfulnefs to our people, who 
committed all our authority to us under oath by owning 
a generrd Governor, unto whom the warrant was di- 
•Tecied, as fuch, implicitly, and that upon mifinforma- 
't-ion to his Majefty given, though other Magiilrates 
v/ere mentioned, yet (as fome thought) it was in or un- 
der him, which overiight (if fo it fhali be apprehended) 
we hope upon cur humble acknowledgement his Ma- 
jefty will pardon, as alfo that other and greater bewail- 
ed remiffion in one, in not fecuring them till we came 
vind knew their place out of over much beUef of their 
pretended reality to refume upon them.felves according 
\o their promife to fave their country harmlefs, which 
failing is fo much the more to be lamented, by how- 
much the m>ore we had ukd all diligence to prefs for 
.inch a delivery upon fome of thofe that had ffiewed them 
former kindnefs, as had been dons other where, whea 
as none of the Magiilrates could otherwife do any thing 
in it, they being altogether ignorant where they were, 
«r how to come at them, ncr truly do tliey now, nor 
«an we believe that they are hid any where in this colo- 
ny, fince tliat departure or defcatment. But however 
ihe confequence prove, we muH wholly- rely on the 
ancrcy of God and the King, with promife to do our 
siideavor to regain them if opportunity fcrve. Where- 
5()re, dn this our great difcrtiir-, v/e earneftly defire your 
^.id to prefent us to his Majefty in our cordially owning 
and complying v/ithyour addrefs as if it had been done 
and faidby cur very felves, who had begun to draw up 
fome tiling that- way, but were difiiearteEcd through 
U-n[<i of fvLbknefs iuid iacapacity to procure a me-et 



OF KING CHARLES I. ^l 

agent to prefent it in our difadvantaged (late, by thefb 
providences occiiring, hoping you will favor us in this 
latter and better pleafmg manner of doini% which we 
fhall take thankl'uliy from you, and be Vi'illing to join 
in the proportionate ihare of charge lor a common agent. 
to foUcitNev<r-England's affairs in England, wliich wc. 
think necelTary to procure the beneBt of all ails of in-. 
demnity;, grace, or favor, on all cur behalfs, as vrell 
as in other refpecls to prevent the mifchiefs offuchas. 
malign and fcek to niiiinform againft us, of wluch foil; 
there be many to complot now-a-days with great fedu^ 
lity. If you fliall defert us in this aihi'Slion to prefent 
ijs as before by the tranfcript of this our letter or other- 
wife, together with the petition and acknowledgement 
herewithall fent, we fliall yet look up to our God tlxg^ 
aeliverance may arife another v/ay relting." 

l^Exfr. hleW'Haven Records. 

Thus far had I written, when I thought of looking 
into Governor Hutchinfon's Supplemeiat, or Collection 
of Original Papers, edited by him, 1769, to fee if I 
could colle6l; fome fcattered lights. Upon this I found 
what I had read many years ago, but which was out o^ 
my mind, the purfuivants' Report, in which there i« 
an elucidation of fome dates and tranfa6lions alrea- 
dy alluded to, and wherein there are fome omif- 
fions, as refpeiling Mr. Davenport and the thorough 
examination of his houfe, and the fearch of other houf- 
es in town and the vicinity, the memoir of which is 
preferved in the uniform and conftant tradition in Nevf- 
Haven. 

I fhall proceed to give the copies of authentic docu- 
ments, as well to illullrate tlie hiilory, as to fhew the 
preiling danger in which thefe hunted exiles were in- 
volved ; and alfo to Ihewthe diilrelfes with which Mr. 
Davenport, and Governor Leet> and the Magiftrate^ 
of Nei¥- Haven colony were incompalled, by their per-« 
feverance in protedling and concealing thefe mcrit<^p?» 



•52 HISTORY OF THREE OF THE JUDGES 

ous exiles — meritorious^ if the caufe in which they fur- 

iered was juit. 

Cofy of a Repo'/'t made to Governor Endlcotty hy Thomat 
Kellond and Thomas Kirk, 

*' Honorable Sir, 

" We according to your honor's order departed m 
fearch after Colonels GoiFe and Whalley fperfons de- 
clared traitors to his Majefty) from Bofton May the 7th, 
1 66 1, about fix o'clock at night, and arrived at Hart- 
ford the lothday, and repaired to Governor Winthrop> 
iand gave him your honor's letter and his Majedy's or- 
der for the apprehending of Colonels Whalley and 
GofFe, who gave us an account that they did not flay 
there, but went direclly for New-Haven, but informed 
Bs that one Symon Lobden guided them to the town. 
The honorable Governor carried himfelf very ncbly 
tons, and was very diligent to Ripply us with all manner 
ofconveniencies for the profecution of them, and pro- 
inifed all diligent fearch fliould be made after them in 
that jurifditStion, which was afterwards performed. 
The nth day we arrived at Guilford, and repaired to 
the Depiity-Governor, William Leet, and delivered 
him your honor's letter and the copy of his Majefty's 
order for the apprehending of the aforefaid perfons, 
with whom at that time were feveral perfons. After 
the perufal of them, he began to read them audibly, 
whereupon we told him it was convenient to be more 
private in fuch concernments as that was ; upon which 
ivithdrawing to a chamber, he told us he had not feen 
the two Colonels not in nine weeks. We acquainted 
him with the information we had received that they 
were al Nev/-Haven fmce that time he mentioned, 
and thereupon dcfired him to furniili us with horfes, 
&c. which was piepared Vvith fome delays, which wc 
took notice of to him, and after our partipg with him 
out of his houfe and in the way to the ordinary, came 
It us one Dji-in'*5 Scranton, and told us he would war- 



Of KING tHAl^LSS !. '^ 

fsnt that Colonels GofFe and Whulley at tli6 time of- 
his fpeaking were harbored at the hoiife of one Mr. Da- 
venport, a minifter at New-Haven, and that one 
Goodman Bifhop, of the town of Guilford, was able 
to give us the like account, and that, without all quef- 
tion. Deputy Leet knew as much, and that Mr. Da- 
venport had put in ten pounds worth of frefh provifions 
at one time into his houfe, and that it vvas imagined il 
was purpofely for the entertainment of them. 

And the faid Scranton faid further, that GofFe and 
Whalley fhould fay, that if they had but two hundred 
friends that would (land by them, they would not care 
for Old or New-England : Whereupon we ailced if he 
would depofe to that : He replied he would, that it 
v/as openly fpoken by them in the head of a compan^r 
in the field a training. Which words V7ere alfo con- 
firmed by feveral others, as alfo information that GofFe 
and Whalley were feen very lately betwixt the houfesof 
Mr. Davenport and one Jones, and it was imagined 
that one lay at one of their houfes, and the other at the 
other's. Upon which we went back to the Deputy's 
and required our horfes, with aid, and a power t» 
fearch and apprehend them ; horfes wree provided for 
us, but h6 refufed to give us any power to apprehend 
tiiem, nor order any other, and faid he could do nothing 
until he had fpoken vvith one Mr. Gilbert and the reit 
of the Magiftrates : Upon which we told him we fliould 
go to New -Haven and flay till we heard from him, 
but before we took horfe the aforefaid Dennis Scranton 
gave us information, there was an Indian of the town 
Vv^antingy v/hich he told us was to give notice of our 
coming. But to our certain knowledge one John Meg- 
ges w^as fent a horfe-back before us, and by his fpeedy 
and unexpeded going fo early before day v/as to give 
them an information, and the rather becaufe by the de- 
lays was ufed it was break of day before we got to horfe, 
fo he got there before us ; upon our fufpicio^i we re- 

E 2 



54 Hi"!TO£y OF THREE OF THE JUDGES 

quired the Deputy that the laid John Megges might bi? 
examined what his buiinefs was that might occafion his 
l(j early going ; to which the Deputy anrvvered, that 
he did not know any fiich thing, and refufed to exa- 
mine him ; ap.d being at New-Haven, which was the 
thirteenth day, the Deputy arrived within two hours or 
thereabouts after us, and came to us to the Court Cham- 
ber, where v/e again acquainted him with the inform- 
ation we had received, and that we had caufc to believe 
they were concealed in New-Haven, and th.ereupon 
we required his alTiilance and aid for their apprehenfion i 
To which he anfw^ered that he did not believe they 
T/ere there : W hereupon we defired him to empov/er 
us, or order others for it : To which he gave us this^ 
anfyver, That he could not, nor would not make us 
Magiftrates : We replied, we ourfdves wculd psrfon- 
ally adventure in the fearch and apprehenfion of thenX 
in two houfes where v/e had reafon to imagine they lay 
hid, if they would give way to it and enable us : To 
which he replied, he neither would nor could not do 
•any thing until the freemen met together. To which 
we fet before him the danger of that delay and their in- 
evitable efcape, and how nii:ch the honor and fervice 
of his Majeity was dsfpifed and trampled on by him, 
'^nd that we fuppofed by his unwillingnefs to afRft in the 
spprehenfion, he w^as v.dllingthey lliould efcape : After 
which he left us and went to feverul of the Magiftrates 
and were together five or iix hours in confultation, and 
upon breaking up of their Ccimcil, they would not nor 
could not do any thing until they had called a general 
Court of the freemen : Whereupon we reprefented to 
them your Honor's and Governor Winthrop's warrants 
as precedents, who upon the receipt of his Majefty's 
pleaf.'re and order concerning the (iiid perfons, flood 
not upon fuch niceties and formalities, but endeavored 
to make all expedition in feizing on tliem, if to be 
found in their government, and alfo how your honor 
fead recomrneadcd this grand aiFuir to hiai, and ho/r 



OF &!!?(5 (?HARL£S f. £^ 

mueh the honor and juftice of his Majefly was con- 
cerned, and how ill his facred Majefty would relent 
fuch hoiTid and deteftab'e conccahnents and abeuings of 
fuch traitors and regicides as they were, and allied him 
whether he would honor and obey the King or no in 
this affair, and fet before him the danger which by 
law is incurred by any one that conceals or abets trai-' 
tors ; to ^vhich the Deputy Leet anfwered, we honor 
his Majefly, but we have tender confciences. 

To which we replied, that we believed that he knevr 
wliCie they were, and only pretended tendernefs of con- 
fcience for a refufal : upon which they drew into con- 
fultation again, and after two or three hours fpent, in 
the evening the Deputy and Magiftrates came to us at 
the head of the flairs in the ordinary, and takes one of 
us by the hand, and wilhed he had bezn a ploughman 
and had never been in the office, fnice he found it fd 
weighty. 

To which we told him, that for their refpe61: to two 
tr.iitors they would do themfelves injury and po/Iibly 
ruin themfelves and the \vhole colony oi New- Haven, 
and (lill cofitinuing to prefs them to their duty and loy- 
alty to his Majefty, and whether they would own his 
Majelly or no, it was anfwered, they would firil 
know vv'hether his Majefty would own them. 

This was the fubfiance of our proceedings^ there 
was other circumftantial expreffions which are too 
tedious to trouble your honor withall, aad which we 
have given your honor a verbal account of, and conceive 
it needkfs to innft any further ; and fo finding them 
obftinate and pertinacious in their contempt of his Ma- 
jeily, we came away the next day in profecution after 
them, according to inflr unions, to the Governor of 
Manhados, from whom we received civil refpe6ls, and 
i\ promife, if they were within his jurifdi6lion, we 
Ihould command what aid we pleafed, but for fending 
of them according to your hoiior's requeil, he could 



5^ HISTORY OF THREE Of THE JUDGES 

not arxfvver it to his Mailers at home, but if they camt 
there he ihould give your honor timely notice : Where- 
upon we requeiled his honor the Governor of Manhados 
to lay a reftraint upon all Shipping from tranfporting 
them, which he promifed ihould be done, and alfo to 
give order to his iifcal or chief officer to make private- 
fearch in all veffels for them that were going thence. 

Upon which we finding any other means would bs 
ineffeilual, w^e made our return hither by fca, to give 
your honor an account, and to which (when your ho- 
nor (hall require it) are ready to depofe to the truth of 
it, and remain, 

Sir, 

Your honor's humble fervants, 
Thomas Kellond^ 
Thomas Kirk. 
Bofton, May 29ih, 1661. 

30th May, i66r. 
Mr. Thomas Kellond and Mr. Thomas Kirk 
having delivered this paper to the Governor as their re- 
turn, in anfwer to what they were employed, depofcd 
before the Governor and Magiftrates, that what is there 
exprefTed is the truth, the whole truth, and nothing but 
ihe truth. 

Per Edward Rawson, Secretary." 

Copy of a Letter from Secretary Rawfon to WilUafil 
Lcety Efq. Governor of New-Haven "jHrifdiaion. 

" Honored Sir, 
*' The Council of our jurifdi£lion being aifembled 
the 4th infrant at Bofton, ordered me to fignify to you 
what lately they have received from England by Cap- 
tain Leverett, his letter being dated 12th April, 1661, 
who tells us that however our addrefs to his Majefty 
came feafonably, and had a gracious anfwer, yet many 
complaints and claims are multiplied againd: us, and 
that we arc like to hear ironr.bis MajeRy's committee 



OF KING CHARLES I. 57 

v»'hat tliofe complaints are, and what is expe£led from 
us ; that an oath was produced againft him for faying 
that rather than we (hould or would admit of appeab 
here, we would or fliould fell the country to the Spani- 
ards : w^hich though he abfohilely denied that ever he 
fo faid, and that if he fiiould have fo faid he had wrong- 
ed his country very much, fome of the faid committee 
faid the words if ipoken they were pardoned, but they 
looked at the words not fo much his as the fpirit of the. 
country, and though again he defired that the country 
might not fufler in their minds for what he knew was 
fo much and fo far from them, as to think ought in 
any fuch refpe61:, yet one of them proceeded to quef- 
tion him, whether if we dared we would not caft off our 
allegiance and fubjedion to his Majefty : He anfwered, 
he did apprehend we T?ere honell men and had declared 
in our application to his Majefty the contrary, and 
therefore could not have fuch thoughts of us without 
the breach of charity ; that it is no lefs than neceifary 
we had fome able perfon to appear for us, well furniih- 
ed to carry on our bufinefs, which will not be without 
money : that the Council for plantations demanded of 
him whether we had proclaim.ed tiie King, and whether 
there was not much oppofition to the agreeing of our 
application. He anfwered he knew not, only had 
heard Captain Bredan fay fo, but humbly fubmitted to 
tlieir confideration, that neither we nor any other were 
to be concluded by debates, but by our conclufions, 
which were fent and prefented to his Majefty in our 
names. They took notice, from enquiry, that it was 
only from one colony, namely, Maflachufetts, and 
have their confiderations of the other colonies neglects, 
to fpeak moft favorably thereof. Thus far as to the let- 
ter. Further, I am required to fignify to you as from 
them, tiiat the non attendance with diligence to exe- 
cute the King's warrant for the apprehending of Colo- 
nels Whalley and GotFe will much hazard the prefent 
ilateofthefe coloales and your own particulaFiv, i: not 



5S HISTORY OF THREE OF THE JUDGES 

fome of your perfons, which is not a little afi^j'dive to 
them. And that in their underftanding there remains 
no way to expiate the ofFence and preferve yc>iJi'l'-;H'e3 
from the danger and hazard but by apprehending the 
faid perfons, who as we are informed are yet remaining 
in the colony and not above a fortnight fmcc were {qqu 
there, all which will be againil you. Sir, your own 
welfare, the welfare of your neighbors, befpeak your 
unwearied pains to free yourfelf and neighbors. I fliali 
not add, having fo lately by a few lines from our Gov- 
ernor and myfelf looking much this way commuicated 
our ienk and thoughts of your and our troubles, and 
have as yet received no return, but comm.end you to 
God, and his grace, for your guidance and direction in 
matter of fuch moment, as his Majefty may receive 
full andjuft fatisfa6lion, the mouths of all oppofers Hop- 
ped, and the profeilion of the truth that is in you and 
us may not in the lead fuifer by your acting, is llip 
prayer of, Sir, 

Your alTured loving friend, 

Edward Rawson, Secretary. 
In the name and by order ®f the Council. 
Bofton, 4th July, 1661. 

Sir, fmce what I wrote, news and certain intelli- 

fence is come hither of the two Colonels being at New- 
laven, from. Saturday to Monday and publicly known, 
and hovv^ever it is given out that they came to furrender 
themfelves and pretended by Mr. Gilbert that he looked 
when they would have come in and delivered up them- 
felves, never fetting a guard about the houfe nor endea- 
voring to fecure them, but when it was too late to fend 
to Totoket, &c. Sir how this will be takem is not dif- 
ficult to imagine, to be fure not well ; nay, will not 
all men condemn you as wanting to yourfelves, and 
that you have fomething to rely on, at lead that you 
hope will anfwer your ends ? I am not willing to med- 
dle with your hopes, but if it be a duty to obey fueli 



OF KING CHARLES I. 59 

lawful warrants, as I believe it is, the negle£l thereof 
will prove uncomfortable. Pardon me, Sir, its my, de- 
fire you may regain your peace (and if you pleafe to 
give me notice when you will fend the two Colonels) 
though Mr, Wood Greene is bound hence within a 
month, yet if you ihall give me affurance of their com- 
ing I Ihall not only endeavor but do hereby engage to 
eaufe his flay a fortnight, nay three weeks, rather than, 
they ihould not be fent, expeding your anfwer, remain. 

Sir, your aflbred loving friend and fervant, 

Ebward Rawson." 

Copy of the Declaration of*the CommiJJioners of the Uni- 
ted Colonies concerning JVhalley and Goffe. 

*' Whereas it appeareth by his Majefty's order di- 
rected to John Endicett, Efq. Governor of the Maffa- 
chufetts, and to all other Governors and Magiftrates in 
New-England, and by him communicated to the re- 
Ipedive Governors of the United Colonies, for the ap- 
prehending of Edward Whalley and William Goffe, 
who (land convicted of high treafon for the horrid mur- 
der of his royal Father, as is exprelTed in'the faid order, 
and exempted from pardon by the act of indemnity ; in 
obedience whereunto diligent fearch hath been made 
for the faid perfons in the feveral colonies (as we are in- 
formed) and whereas, notwithltanding, it is conceived 
probable that the faid perfons may remain hid in fome 
parts of Nevv^- England, thefe are therefore ferioully to 
iidvife and forewarn all perfons whatfoever within the 
faid colonies, not to receive, harbor, conceal or fuc- 
cour the faid perfons fo attainted, or either of them, 
but that, as they may have any knowledge or informa- 
tion v/here the faid Whalley and Goffe are, that thcr 
forthwith make known the fame to fome of the Gov- 
ernors or Magiftrates next refiding, and in the m.ean 
time do their utmofl: endeavor for their apprehending 
and fecuring, as they will anfv/er the contrary at their 



6o HISTORY OF THREE OF THE JUPCXS 

iitmoft peril. And we do hereby further declare that 
ajlfuch perfon or perfons, that fince the publication 
of his Majefty's order have wittingly and wilhngly en- 
tertained or harbored the aforefaid Whaliey and GoiFe, 
orliereafter ihall do the like, have and will incur his 
Majefty's higheft difpleafiire, as is intimated in the 
faid order, and will be accounted enemies to the pub- 
lic peace and welfare of the United Colonies, and may 
€xpecl to be^proceeded with accordingly. 

By the Commiffioners of the United Colonics, at 
their meeting at Hartford, Sept. 5, 1661. 
John Mason, 
•Samuel Willis, 
William Leet, 
Thomas Prince, 
Symon Bradstreet, 
Daniel Denison, 
Tho's. Southworth." 
The icing's CommiiTioners, who were Colonel Ni- 
chols, Cartwright, Carr, and Maverick, in their nar- 
rative about New-England, 1667, fpeaking of thefe 
Judges, fay, among other accufations, " Colonels 
Whallcy and Goffe v. ere entertained by the Magiftrates 
with great folemnity and feafted in every place, after 
they were told they were traitors, and ought to be ap- 
prehended ; they made their abode at Cambridge until 
they were furniilied with horfes and a guide and fcnt 
away to New-Haven : for their more fecurlty. Cap- 
tain Daniel Gookin is reported to have brought over 
and to manage their eftates ; and the Commillioners 
being informed that he had many cattle at his farm in 
the King's province, which were foppofed to be Whal- 
iey 's or Gofte's, caufed them to be feized for his Majef- 
ty's ufe, till further order, but Captian Gookin, (land- 
ing upon the privilege of their charter, and refuiingto 
anfwer before tlie Commiiuoners, as fo there was no 
more done in it : Captain Pierce who tranfported 
Whaliey and Golfc into Nevv-Englanu> may probably 
fayfomething to their ellate." 



OF KINS CHARLES I. 6l 

}jy the purfuivants' report to Governor Endicot it 
appears, that they arrived at New- Haven 13th Mayj 
and it fhould feem that they left the town the next day ^ 
2nd this witjiout any fearch at all ; and particularly no 
mention is made of their interview with Mr. Dave a- 
port. But the, conftant tradition in New-Haven i-?, 
that they diligently fcarched the town, and particulariy 
thehoufeof Mr. Davenport, whom they treated willi 
-afperity and repreheniion. GofFe's journal fays, the 
Judges left the town the nth May and went to tlie 
Mills, and on the i ?th went into the Woods to Sparry "s. 
It (hoidd feem that they were not in town wiiiic the 
purfuivahts were here. But although the nights of the 
nth and 12th they lodged at the mills, and on the 
13th at Sperry's, they might purpofely in the day time 
Ihew themfelves at the bridge vvlien the purfaivant-? 
palled it, and at Mrs. Eyers'sin town the fame or next 
day, in order to clear Mr. Davenport, and return n't 
night to their concealment. The Sperrys are uniform 
in the family tradition that the fui prizal of the Judges 
at their anceilor's hcufc was by the purfuers from Eng- 
land, known and diftinguifhable, as they faid, from 
our own people by their red coats ; which could not 
have been if they liaid in tov/n but one day. Perhan* 
** the next day" in the Report, might not be that imme- 
diately following the 13th, but the next day after they 
found they could do nothing to piirpofe. On the one. 
hand, it is improbable they would fpend but one day in 
a town where they did not doubt the regicide.^, they 
came three thoufand miiles in queft of, were ; and on 
the other hand, 'tis doubtful Avhether they would do 
mucKat aftual fearching themfelves without the (^ov- 
ernot^^s warrant, which was refufed. They might howe- 
ver go into a few houfes, as Mr. Davenport's, Mr. 
Jones's, and Mrs. Eyers's, and finding it in vain, give 
over further fearch. Governor Hutchinfon fays, "they 
made diligent fearch." And this has always been the 
tradition in New-Haven. But of this nothing is mta^' 
F 



62 HISTORY OP THREE OF THE JUDGES 

tioned in the report, iinlefs it may be alluded to in the 
** verbal account" giv^en to Governor Endicott. The 
tradition is, that the purfuivants v.'ent to Sperry's houfe 
after thdr return frona Manhados ; but this could not 
be if they went from thence by water to Bofton ; un- 
lefs returning again through New-Haven to Governor 
Windirop at New-London, they might go from thence 
to Bofton by water. But of this they take no notice in 
the report. 

After the purfuivants were gone, and before 1 7th of 
May, the MagiPaates caufed a thorough though fic- 
titious fearch to be made through the jurifdidion. — 
They fcnt to Totoket, or Branford. I have thought 
ihcfe purfuits, and thefe purfuers, might be the bafis 
of the tradition refpedling Pvlrs. Eyers, the bridge, and 
Sperrys. But moit that tell the ftory from ancient tra- 
dition, perfjft in it, that they were the purfuers from 
Bofton, or the King's purfuers, and not our own peo- 
ple, which vifited and fearched both Sperrys and Ey- 
ers. But enough of this m.alter, which can never be 
fatIsfa6torily cleared and afcertained : While it is cer- 
tain the purfuivants came here, had an interview with 
the Magiftrates to no purpofe : and that the Judges 
eeafed to lodge in town on the nth of May, two days 
before they came ; and fo Governor Lcet might fay 
very truly on the 13th, that he did not believe they were 
in town, and indeed might have every reafon to think 
at that time, that they were abfconded into the environs 
or the woods beyond the Weit-Rock. All tradition 
agrees that they itood ready to funender rather than 
that Mr. Davenport ftioiild come into trouble on their 
account ; and they doubtlefs came into town with this 
intention about 2cth June, and tarried in town from 
Saturday till Monday for this iind, and Mr. Gilb-rt ex- 
pedled their fuirendery. . B'lt in this trying time their 
friends, for their fakes adventured to take the danger 
upon theo"!fj]vcr, and rifquc events. A great, a noble, 
a trying a6l of friend lb ip 1 For a good man, one would 



OF KlxMG CHARLES I. 63 

■fil'en dare to die ! Great was the peril efpecially of 
Lect, DiivenpOi-t, and Gilbert ! Inveterate the refent- 
ment of Kellond and Kirk ! and pointed and preffing 
the rernonftrances of the Governor and Secretary of 
Boiion. The Magiitrates of New-Haven colony were 
truly brought into great llraits — The fidelity of their 
friendihip heroic and glorious 1 Davenport's fortitude 
faved them ! 

Here follows a collet ion of fc altered information. 

Mrs. Sherman, reli6l of Mr. James Sherman, aged 
86, a defcendant from Governor Leet, whole daugh- 
ter married a Trowbridge, from whom Mrs. Sherman. 
She tells me flie was bo|n in Governor Jones's or ia 
Governor Eaton's houfe, which had nineteen lire -pla- 
ces, and many apartments ; where Goffe and Whalley 
ufed to refide ; tiiat Mr. Davenport's houfc alfo had 
many apartments, and thirteen fire-places, which in- 
deed I myfelfwell remember, having frequently, when 
a boy, been all over the houfe. She fays flie knew 
John Dixwell, fon of the regicide. She has the whole 
family hillory of the three Judges as in the families of 
Mansiield, Prout, and Trowbridge. She was, as I 
faid, of the Trowbridge family. She was intimately 
acquainted v^ith Mrs. Eyers, and is full of the ilory of 
the Judges being fecreted at her houfe, which was re- 
peatedly fearched for them. It is necefTary to obferve 
that this houfe was twice iearched, and the circumftan- 
ces are a little blended in the ditFercnt narratives. T.'h(3 
fir 11 was by the purfuivants, when the Judges went 
out at the back door, and returned and were fecreted 
in the clofet while the purfuivants were in the houfe, — ■ 
The other was immediately after the perfuivants left 
the town, and between the 14th and 17th of May, 
Vv'hen the fearch was made by Governor Leet's orders : 
v/hen the doors were all fct open, and Mrs. Eyers left 
tlie houfe for the fearchers to come in and examine eve- 
ry room ; this was by our people. In narrating thefe cir- 



1^4 'HISTORY OF THREE OF THE JUDGES 

cumflances they are fometimes varied. Mrs, Sherman 
confiders and fpeaks of the fearch, not as once only, 
but at fev^erai or difrerent times. She fays Mrs. Eyers 
had on one fide of ihe room a large wainfcotted clofet, 
v/hich file has often viev/ed and admired : it had cut 
licrhts at top, full of pewt-er and brafs, and a wainfcot 
door, which, when ihut, could not be diftinguiilied 
from the wainfcot, and all over the door, and on the 
ontfide of the clofet, was hung braizery and elegant 
kitchen furniture, that no one would think of entering 
the clofet on that breall-work. Flere Ihe hid the Judg- 
e-:?. — ]t fecms to her as if it was more than once. — That 
thcv lifed to frequent the houfe on Saturdays afternoon, 
when fometimes Ihe fhut tiieifi up, and then opened 
all the doors, -and walked abroad, leaving all open for 
the purfuivants to fearch. In this connexion I afiitd 
her, whether the purfuers were foreigners or New-Ha- 
ven people ? She faid, ihe took it they were not foreign- 
ers, 'but our own officers. .Here ihe feems a little to 
blend the circurniknces. Which may be eafdy ex- 
plained, by coniidering the firlt fearch, made by the 
purfuivants, and the lail two days after by our officers, 
to whom ihe might throw open all the doors but the 
cloici: door. 

She fays Is Irs. Eyers, and lier fjn and daugluer, 
hvcd together all to great old agC: — tiiat Ibe died about 
the hard winter, November 17, 1740, when flie mull- 
have been aboye an hundred years old ; and her fon 
a;id daugliter were feventy or eighty years old at the old 
lady's death. Mother and children fo rem.arkable for 
iongevitv, that tlie reverend Mr. Cooke (Mrs. Sher^ 
man's father) ukd familiarly to enquire, how the good 
old folks of that houfe did, where death did not enter ? 
So much has been faid of Mrs. Eyer>;, that I will add 
this cha'5-a6lcriiLic defcription 01 her: 

Mr>. Shernran dcfcribed Mrs. Eyers, thou.gh not 
•xitivont imperfeflions, yet an excellent perfon j as a 



OF KINS CHARLES I. 65 

fmall woman, of a fvveet and pleafant temper, and of 
the greateft propriety of manners, to uk her expreffions, 
very genteel and refpe6lable, univerfally efteemed and 
beloved, never did any thing wrong, but always with 
propriety and gracefulnefs, v/as much of a gentlewo- 
man, neat, elegant, beautiful, comely and graceful, 
admired by all gentlemen of Chara6ler, and her ac - 
quaintance from abroad, who coming to town, would 
get Ibrne of the genteelefi: people in town to go with 
them to pay her a vifit — And every one, high 'or low, 
always profited by her, v/ere improved, inftructed, and 
edified by her converfation, and pleafed when they 
could vifit and fi:)erid an hour at her houfe.~That ilie 
was rather reduced the latter part of her hfe, yet had the 
richeft of apparel and furniture — Ufed to keep lliop, 
b'ltleft offfeveral years. — That her intelledual powers 
were clear to the laft — An excellent christian. 1 ufe 
Mrs.' Sherman's words in this defcription, writing them 
from her lips. She adds, that her father was Mr. Ifaac 
/lllcrton, of Borton, a fea Captain, who came early 
^nd fettled in New- Haven, and built a grand houfe on 
the creek with four porches, and this with Governor 
Eaton's, Mr. Davenport's, and Mr. Gregfon's, were 
the grandeft houfes in town. The houfe highly finifh- 
ed : he had a fine garden with all forts of flowers, and 
fruit-trees, and in the befi: cultivation. Mr. Eyers was 
alio a fea Captain, purfuing foreign voyages up the 
Mediterranean and to the wine iflands, and always had 
his cellar ftored with wines and good liquors, and ufed 
to bring home much produce and foreign manufactures, 
and elegant Nuns' v/ork. Beth went long voyages, 
and bL)th died abroad at fea near together, leaving her 
a young widow, wlio never married again. She poilj-^ 
felHjd her father's, brother's, and hufband's eflates.j^.^j 
This refpe6ling Mrs. Eyers. It is the ftrong and c^lw- 
current tradition that the Judges were fecrcted atf^j^^ 
}K)ufe, fome fay in a chamber^ fome m a ciofetj.ij.p,^ 
bably both true. •" ~^ 

Fa 



66 HISTORY OF THREE OF THE JUDGES 

Mr. JofepK Howell, merchant, tells me his grand- 
fui her lioweli died here about 1772, aged 88. — That 
he came from Long-Ifland to hve ac Ne-.v-Haven, Mt 
13..— That he has often heard him tell about the Judges, 
and that his grandfather ufed to fay he knew two men 
tliat helped in laying out Dixwell, and he Ihewed this 
grandfon Dixwell 's grave. He told him the ftory of 
GoiFe and V/halley's hiding therafelves under the Neck 
Bridge, and being under it while the purfuivants reds 
over it ; and tliat they were the piirfiiers from Boilon. 
Mr. Howell was intimate \^ith Mr. Prout, who mar- 
ried his lifter. 

Captain Willmot, aged 82, remembers the fcory of 
t;itir being hid in Mrs. Eyers's houfe when the puriu- 
crs came there He remembers the old houfe, that it 
was grand, like Mr. Davenport'r, which h.e alfo knew^ 
and all of oak and the beft of joiner's w^ork. There 
was more wr^rk and better joinsr-w^ork in thefe houfes, 
he ^ivs, th:>n ii^ any liouie now in town. He is a join- 
er, and helped to pull do-^n Mrs. Eyers's houfe. 

Jutk^e Bilhop, now mayor of the city of New-Ha- 
ren, o.^cd 70, tells me lie received from his aged grand- 
fjther Bhliop, with whom he lived from his youth up, 
ion ()f the Governor, andw'io died 1748, aged 82, the 
tr:i(liiion concerning tlie Judges bei'ig hid under the 
bridge, and that the purfuiv.mts were thofe who were 
ll'iit irom England. The Jndge remembers Mrs. 
}''...■:<, She was a fmall, plump, round woman, a 
V. r,iu y chara<^^er. He remembers her old houfe, which 
I'j fays was one of the, grandcil: in town, like Mr. Da- 
venport's, and fit for a noblemaii. She left three chil- 
Q\fn-, Simon, Lydia, and Benjamin. . Simon was a 
<^,jiriderabie reader, -and a great hidorian, andufedof- 
th!s\^ fpend the evening at his Gra^dfaiher's, and con- 

, ,-upon old affairs. lie has liifetied |o their conver- 

. , ■ ma!iy an hour. Bciiiamin (etileJ on Lone-i 
•\itno« . •' ' ■ - ^ ■ 



Oif KING CHAI^LES 1. 67 

General Ward, of Guilford, tells me It is ths con- 
ftant tradition at Guilford, that the two Judges, Goffe 
and Whalley, wer,e fecreted three or four days, or 
more, in Governor Leet's ih.me cellar ; and that the 
Governor and all the family of the Leet's were refolute 
andj^:onra.o;eous. The reverend Mr. Fowler^ and Hen- 
ry Hill, Efq. of Guilford, concur in this and the gen- 
eral hifiory of the Judges, and particularly the Angel 
ilory, tliatof hiding under the , bridge, and the humor- 
ous Itory of ])laying with the fvvord, or the fencing 
ilory. The fame have been told me by Major Daven- 
port, of Stamford, defcended from the venerable pa- 
triarch at New- Haven ; by the reverend Mr. Whit- 
ney, of Brooklyn, in the eaflern part of the Govern- 
ment, and the reverend Mr. Bray, and others ; indeed 
thef^ [lories are to be foiin:] fcattcred and circulating all 
over New-England to this day. 

Stephen Ball, Efq. teils me, that when the purfuers 
were here, one of the ho.ufes in which WT.alley and 
G .>:Te abfcondcd was Mrs, Eyers's, who feeing them 
coming, fent the Judges out the back door towards the 
fields, who returning immediately, ilie hid them in 
her chamber. The leaft tliat can be miade of all this 
is, that they were atSlually fecreted by Mrs. Eyers. 

Upon having recourfe to tlie records, we have feeii 
that in May, 1660, Francis Newman was ele^led Go- 
vernor, and William Leet Deputy-Governor r Tliat 
Governor Newman died November 18,, 1660 : wliere- 
ijpon t!ie adminiilration devolved on DepLitv-Goveraof 
Lect till May 29, 1661, when he was cluJbn Govern- 
or, and Matihew Gilbert Deputy-Govemur ; and 
Fenn, Treat and Crane, Magillrates. But a fort- 
night before, v/hen the puriinvaiits were here, tliofe in 
office Vv- ere, Leet, Djpuly--Governor,^-Gilbert, Treat 
and Crane, ailillants. The town government of New- 
Flaven was in the hands of fix lovvnfmen, or feltcl 
mtn, for the ordimry iccular affair^, and four Dcpu- 



6S HISTORY OF THREE OF THE JUDGES' 

ties or Judges for Nevv^-Haven Court, all annually 
ele£live in the fpring by the town, and the four Judges 
confirmed and authorized by the Aifembly. The fix 
fele£l men then in office were, Roger Ailing, John 

Harriman, John Cooper, — Andrews, Henry 

Glover, Nicholas Elfey, and William Gibbard. Tho- 
mas Kimberly was Mardial, who attempted with a 
warrant to take the Judges, towards the Neck Bridge, 
the morning of the arrival of the purfuivants. The 
matter however did not lie wltli thefe town officers, but 
with the officers of the general jurifdiftion : Thefc 
were, as I faid, the Deputy-Governor and three Af- 
fiftants. Governor Leet, who followed the purfuivants?, 
brouglu along with him Mr. Crane, from Branford, 
and then fent for and convened the Magiflrates of MiU 
ford and New-Haven, and the four Judg&s of New- 
Haven Court, who at this time were John Wakeman, 
John Nafli, William Gibbard, fecretary, and John 
Davenport, jun. of whom Wakem-an and Nadi were 
alfo Deputies to the Jurifuidtion Court, or Members 
of the Legiflature. Thefe eight perfons were all that 
were in the authoritative confultation, and that after- 
noon in great diftrefs, were for a few hours on tlie poiat 
of ilTuing the v/arrant, v/hich was aftually begun to be 
written ; and which was flayed upon their conceiving 
the expedient of| referring it to the Aifembly, which 
they inflantly called, and adlually convened within, 
lour days, or the 17th of Ivlay. In this deliberation on 
the trying 13th, befides thefe eight perlbns, the Govern- 
or, Alii Hants, and four Judges- , who fat ofteniibly in 
Council, it is not to be doubted, but that they advifed 
with the felecl men, and particularly with the reverend 
Mr. Davenport, Mr. Bilhop, Mr. Jones, and others ; 
and that their opinions had full v/eight, cfpecia-lly Mr. 
Davenport's and Mr. Jones's, who were moft expofed, 
and moil deeply concerned. My idea of them is this, 
that the Governor, though naturally firm, was in this 
prcifure timid j Gilbert v/as bold and courageous,^ and 



OF K.ING CHARLES I. 69 

refokite for faving the Judges at all hazards, though a 
month after, upon the letters from Boilon, he rather 
gave up. He and Treat coining in at the time of 
drawing the warrant, (lopt it, Jones was enterprizing, 
and had it been known, had really and knowingly done 
what would have been alluredly adjudged treafon, which 
the others had not : Biihop was firm ; he with Jones 
ftood their ground : none were difpofed to give up the 
Judges at this time, if poffible to fave them ; ail fav/ 
and felt the danger, but that it would come upon Leet, 
Gilbert and Davenport, whom they were equally en- 
gaged to fave. Jones's adlvity w^s unknov/n to the 
purfuivants. The prelFure was fo great the afternoon 
of the confiiltation on 13th May, as that then, I be- 
lieve, they w^ould all have unanimoufly concurred in 
furrendering GofFe and Whalley, as Bofton had done,. 
had it not been for the wifdom, difcernment, and firm- 
nefs of Davenport. If he had fhaken and failed,, all 
would have been over and loft. It was Davenport's in- 
trepidity that faved the Judges. 

Mr. Jones was a newcomer, having m.arried Gov- 
ernor Eaton's daughter, an heirefs, in L(5ndon, 1659, 
he came over with his wife in the fall of 1660 to take 
pofTeffion of Governor Eaton's eftate, and lived in his 
houfe oppofite Mr. Davenport's. I prefume it was 
his and Mr. BKhop's diftinguiihing themfelves V7ith 
firmnefs upon this occaGon, that brought them imme- 
diately forward to civil improvement, and into the Ma- 
giftracy. Timidity feized the people of Nevz-FIaveii 
on this occaficn of the Judges, and made them cool to 
office. In lefs than ten days after the departure of the 
purfuivants, on May 23, i66r, John Nafh and John 
Cooper, being chofen Deputies to the General Court, 
declined : and the fame day, at a fecond choice, John 
Davenport, jun. and John Naili, being elecled, decli- 
ned ferving. They made no choice, fuch was the re- 
luctance in all to ferve at this critical conjun6lui:e. ^ At 
length, Auguft i, 1661, John Cooper and James BilV 



^O HISTOnV OF THREE OF THE yUDGES 

op were eleded, and they dared to accept, Mr. Jones 
had not hscn an inhabitant a year. However, the year 
folio wing, May 23, 1662, William Jones was admit- 
ted a freeman, and nominated for Magidrate ; he Ibori 
came into the Magiftracy ; and both he and Mr. Biih- 
op became Governors of Conne6licut. They were 
well informed, firm and decided chara6ters. 

Further confideration brought New-Haven almoft to 
a conclufionof the neceffity of furrenderingthe Judgejii 
Even the courageous Mr. Gilbert feemed to judge this 
expedient. It was undoubtedly the perf-verance of 
Davenport, and his fidehty and heroifm, that decided 
at this crifis alfo. And the Judges retired to their cave. 
Tliis \v?.s the lad public appearance they ever made. 
From this time to their death they were buried in ob- 
fcurity, neither was it fafe for their numerous friends 
to know the places of their concealment and fhiftingrc- 
fidences. None wifhcd to betray them ; none wlihed 
to know wdiere they were ; all wifhed to be totally ig- 
norant. A few however adventured to fecure their re- 
treat, and as guardians of a holy depofit to watch fecure 
and proted them, altliough at the known rifque of their 
lives, as prote6lors of traitors. Among thefe we may 
enumerate Mr. Jones, Mr. Burril, and Mr. Sperry, 
at New-Haven ; Mr. Tomkins, and others, at Mil- 
ford ; and Mr. Ruifel and Mr. Tilton, at Hadley.— 
Thefe perhaps were almoH: the only, at leaft the prin- 
cipal perfons, with whom they had immediate com- 
munication, and through whofe hands they received 
all their fupplies. A few other perfons might be know- 
ing of their places of concealment, and might fecretl/ 
and occafionally vifit them, as Mr. Davenport and Mr.. 
Bifhop, at New-Haven ; Mr. Treat, at Milford ; and 
Mr. Richard Saltonftal and Governor Leverett, at Had- 
ley. The reft of the country, it is probable^ not only 
wiflied not to know any thing of them, but were ever 
in a<5lual ignorance. Thus they were fhut out and fe- 
elttded from the world to their deaths- 



OF KING CHARLES I. 7^ 

Section II. 

Their fee ret ed pilgrimages after their final abdication and 
evanejcence from the -world y June 24, 1 661, to the 
lafl notice of them y in 1679. 

This fsclion will necellariiy involve fome repetitions, 
whicii may however be an illudration of the preceding 
period. It may be bed to deliver the traditionary in- 
formation collectively and promifcuo-uily, jud as it is 
received, refpeCting either the whole or part of their 
refidencc in New-England. Every one will be able 
to felett \vhat fialls within one period or another — 
When we fhall have feleded what applies to one, there 
will be much left to illuftrate the other. It is difficult 
to feparate from the promifcuous mafs of information, 
what belongs only to one, without lofmg fome of the 
force of probabiHty as to- each. We muff take narra- 
tives as they come to us, w"ith all their attendant cir- 
cumftances, and make the proper w^^^ fele6lion and ap- 
propriation ourfelves. Som^e relate one thing, fome 
another ; fome mere, fome lefs ; fome of one period, 
fom.e of another ; m.oii: deliver fcattered notices of both 
collecSlively. We can fele61: and apply illucidations at 
our own difcretion. In examining evidences or wit- 
nefses in a court of law, it is bed: to fufFer them freely 
to narrate their teftimony and knowledge, each in his 
own way, v/ith the attendant circumltances, as they 
lie or arife in their own minds, though much may be 
repetitions and fuperfluous, that w-e may more accu- 
rately difcern and feleil that which is in point or to 
purpofe. Often the fame thing narrated fimply and 
without circumftances, will yield a different afpect and 
force or weight, with from v/hat it would v/ithoiit tlie 
circumilances and fuperfluous matter. And we eafily 
feleCi that which we need, and find different matter 
applicable to different fubjeds, even onthought of ia 
the courfe of enquiry, and which the narrators v/ould 
not difcern tbemfelves, and if they did, would not dif- 



^2 «ISTORY OF THREE OF THE JUDGES 

clofe, or would be diiTident and uncertain. And this 
may exciife and juftify me, in bringing the fame things 
repeatedly up to view in the courfe of this hiilory, un- 
der different references, and for different pcrpoies, as 
it may be with profitable retrcfp /clive i^ppiication in 
variation of fiibjecls already confidsred. Nor is it in 
the power of an hiftorian always to brig together in one 
view the whole iiluitration of afulxeit, efpec!?.'1y when 
fuch illuflration may arife from fiibfequeni events ; 
which 15 peculiarly the cafe in developing fee ret hillo- 
ry, which often requires a generation, or the period of 
many years, for a lull, intelligible, and fatisfadfory in- 
veftigation ; and \^ herein, after the m.oil diligent and 
iiffiduous fearch and enquiry, many things will remain 
obfcure and dubious, and many tilings remain to belofh 
in irrecoverable oblivion. 

Let us ROW trace out thefe exiled pilgrim.s in their 
feveral retreats, migrations, and fecret refidences. — 
To begin at New-Haven where they firfi: evanifhed 
into obfcurity and oblivion. They retired from town 
to the weft fide of a rock or mountan, about 300 feet 
perpendicular, commonly called the Weft-Rock, to 
diftinguilh it from the Neck-Rock, to the n. e. of the 
town. The fouthern extremity of Weft-R.ock lies 
about two and a half miles n. w. from the town. Be- 
tw^een this, weftward, and a ridge of mountaineous 
or rocky elevation, ranging n. and s. parrallel with the 
Weft-Rock, lies an interjacent bottom, or plain, three 
miles long, containing a tlioufand or twelve hundred 
acres of excellent land, which Mr. Goodyear, a rich 
fettler, had bought of the tov/n, and on which he had 
planted his farmer, Richard Sperry, which farm Rich- 
ard Sperry afterwards became poficffed of, and now for 
above a century it has gone by tlie name of Sperry's 
Farm. In the records l^nd, April 23, t66o, ** Mrs. 
Goodyear and her farmer Sperry." Mr. Goodyear 
brought farmers with him out of England, being him- 
k\( an oppulent Merchant, and always foilovved com- 



■OF KIN© CHARLES I. 73 

merce. On-thls tmd Mr. Goodyear hnxl built Sperry 
an houfe ; a-Ki in tlie woods nbont one irale 'i. \¥. lioiii 
Sperry 's, flood the houfe ot Ralph l^ines, T'lefe were 
the only two houfcs in 1661 weihvard from Ntw-Ha- 
ven, between this Weft Rock and Hudfons River, un- 
jefs we except a fevv^ houfes at Derby or PaugaHet. All 
was an iinmenfe wildernefs. Indeed all the environs 
of New- Haven was wildernefs, except the cleared traib 
about half a mile or a mile around the town, which w:is 
laid out and built v/ith 100 or 120 houfes on a ffjuarc 
Tiaif mile, divided into nine fquares. Behind tlie Well 
Rock therefore was, in 1661, a very fecure retreit and 
concealment. This Mr. Jones provided for thefe ex- 
iles. At and about this mountain they fecreted them- 
felves between three and four months. "I'hree iiarbors, 
lodgments, or places, of their r^fidence there, at 
diiFerent times, are known and Ihewn to this day. I 
])ave vifitedall three of them, being carried to and 
fliewn them by the family of the Sperrys (till dweUing 
-on that tra6b. The defcription of them is as follows : 

Let it be obferved that at this time, about 3 or ACo 
acres v/eftward of the town v\ as cleared in a common 
field, called the ox pafture. This migiit extend near 
Haifa mile weftward from the centi-al fquare of the 
town. All beyond was woods and wildernefs. At two 
miles N. W. from the town was a mill.-' To this 
mill the Judges repaired nth of May, 1 66 1, and here 
they lodged two nights. On the 13th, Jones, Enrril 
and Sperry, came to them in the woods near the fouth 
end of the mountain, and conducted them to Sperrys, 
about three miles from town. They provided for them 
*' a place called Hatchet Harbour, where they lay two 
nights ; until a cave or hole in the fide of a hill was pre- 
pared to conceal them. The liill they called Provi^ 
dence Hill : and there they continued from the 15th of 
May to the nth of June ; foraetim.es in the cave, and 

in very tempelhious weather in a houfe near it." ^^ 

Hutch, from GofFe's Journal. It is fomewhat difficult 

G [* Sec F laic II. No. i. 



^4 niSTORY OF TliREE OF THE JUDGES 

U) afcertain wlicrc Hatchet Harbour was. I have tak- 
en much pains 10 inquire out this place from the Sper- 
5 y5, and other inhabitants ; and for a long time with- 
out fatisfadion. Upon Gov. Hutchinfon's Hiflory 
coming out in 1764, the Rev. Mr. Woodbridge, the 
Miiiifter of that pariihj, made dihgent inquiry for 
HatcliCt Harbour : but he told me he could not fatisfy 
himfelf. Not but that upqn enquiry he readily found 
that the people knev/ the itory, and uniformly pointed 
out the place to be that, which was alfo called the Lodge 
at the fpring, backinthe wildernefs, and three miles 
N. W.* from Sperrys. On this trad well of the moun- 
vain, there is now the large and well fettled parifh of 
Woodbridge, of 15c or 2CO families, chiefly peopled 
ironi New-Iiaven and Milford, thoroughly transfufed 
and impregnated with the ftories of the Sperrys and 
Lines, concerning the Judges and the places of their 
concealments: So that any and all of them point out 
the places witli as much facility and precifion as a New- 
Haven man vvill point cut jJixweH's grave, or a Say- 
brook man point out Lady Butler's tomb now land- 
ing. Until Mr. W. expreiled his doubts, they never 
uci'e more at a lok to point out Hatchet Harbour, than 
the cave or cliur.p of rocks called the cow and calves ; 
.vndas uniformly made that and the lodge the fam^e. 
And now auc a Sparry or any Woodbridge m^an, where 
was Hatchet Harbour ? and they conllantly fay, at the 
Spririj;; or Lodge, to this day : and never lieard of any 
olb.er^place. ivlr. V/oodbridge"s difficulty hy here: 
(governor llatcliinlon places it in the fide of a hill, call- 
ed Providence hi;l, ^vhich was doubtlcfs {he Weil 
Rock • and lavs ii^at their concealment here was only 
two lYivhi^, and 'his at the beginning of their exile fVoni 
TScw-Huviii. Now traddion here makes it a place 
tl'sree miles oif, of a longer, and lor a time a fettled re- 
lui-nce, and th^ir lidl alxide bclbre they went and fettled 
::t iViilrbrd. Tho:;gh during their more -ordinary anli 
ivui^d rcfidcnccs at three di;rcrcnt places for thi .e 



OF KING CHARLKS I. 7> 

inonths, they attunes wandered about in tiie vvildernef-, 
and made tranfient exteaipora neons lodgments in the 
woods, at Mr. Riggs's and at George's cave, I have 
often obfervedthis'to the inhabitants, and though they 
are not able to reconcile or account for it, yet tliey uni- 
formly and unalterably perfill in their feeling and an- 
ceftorial tradhion, that Hatchet Harbour is three or four 
milesoft of the Weft Rock, on Mr. Newton's f^rm, 
and at a place called indifferently by them all, fometimes 
Hatchet Harbour, fometimes the Harbour only, funic- 
times the Lodge near a fpring. Within a fevv rods ad- 
jacent to which is an eminence, called by the Judges, 
the Fort or Lookout : as from thence they commaiid- 
ed the view of New-Haven, feven miles off. Forty 
years ago, and many years before the publiihing oi 
Hiitchinfon's Hiftory, the very boys of a certain faniilf 
and neigliborhood three miles off, which cultivated » 
iarm there, when aiked where they were gcing to work 
tiiat day, would anfwer, to the Harbour, o\- to the 
Lodge indifferently, but rather more commonly, to the 
Harbour, meaning this very place. This I have from 
Ibme of the perlbns themfelves now living. 

This having been fo conftantly the underilanding 
and language of the inhabitants, of the Sperrys, and all 
the people to this day ; and their never having heard of 
any other place for Hatchet Harbour, has led me to 
conceive — that the firftniglit Sperry led the exiles into 
the woods, determining to place them ia abfolate fecu- 
rity and fafety for a few days, till the cave could be pre- 
pared, he carried them out into the wildernefs to this re- 
cefs ; and carrying a hatchet with them, or as conllant 
tradition fays, finding one there at the fprin::, loft tliere 
perhaps by fome hunter^, tiiey cut down D.-,ighs of 
trees, and made a temporary covcrtr.:e, where they 
lodged a few nights only, and then went to ihe Cave on 
the ihmmit of the Welt Rock. And after perhaps a 
months refidence, being affri.9,hted frcm the Cave hf 
wild and ferocious animals, thev ibug-ht another r^ucc; 



76 HISTORY Of Tf!REE O J^ THS JUDaSS 

a mile or two northward, on the Rivulet at the foot ojT 
the lame Mo!iniajn : but being difcovereci by the Indi- 
an's dogs \r.]:imlv:ii^, they removed three miles fijrtltef 
wcihvard into the v/ildernels, to Hatchet Harbour, tiieir 
firH: tranfient place ; which from becoming thenceforth 
their more fettled relldence, was called the Lodge. So 
that the fame place goes by the name of the Lodge or 
Harbour, to this day. 

To return : after lodging two nights at Hatchet Har- 
bour, they went to the Cave. From Sperrys they af- 
cended the weft fide of Providence Hill to this Cave. 
But why this Cave ihouldbe fpoken of as being in ** the 
fide of the Hill," I cannot conceive, unlefs it might fo 
appear to the Judges, for the Cave is high up the hill, 
even on the very fummit ; although being inveloped in 
woods, they might not efpecially at firft confider it as 
on the fummit : it is however on the very top of the 
Weft Rock, and about half or three quarters of a mile 
from the fouthern extremity. This Cave then I fhall 
confider as their firft ftation or harbor, as they called 
all tlieir refidences Lodges, Harbors, or Ebenezcrs, 
without accounting their lliort lodgments of two nights 
each at the Mill arid at Halcliet Harbor. 

In 1785 I viuted aged Mr. Jofeph Sperry, then liv- 
ing, aged 76, a grandfon of the firft Richard, a fon of 
DTraiel Sperry, who died 1 751, aged 86, from whom 
Jofeph received the Vv'hole family tradition. Daniel 
was the fixth (on of Richard, and built a houfe at the 
fouth end of Sperry 's farm, in v/hich Jofeph now lives, 
not half a mile weft from the Cave, whicli Jofeph 
ihcvvci'inc. There is a notch in the mountain againft 
Jofephs houf:, through which I afcendcd along a very 
itecp acclivity up to the Cave. From (he fouth end of 
the mountain for three or four miles northward, there is 
110 pOiTible afcent or defcent on the weft fide, but at 
this notch, fo ftcep is the precipice of the rock. I found 
ttie Cave to be formev!/ on a bafe of perhaps forty feet 



I 



i7're^ul(2^?^ Mocks^ ?S /^^ /ti<//iy d. JJO ground, SO/Ct 
Sleu(Z^?t^ or erer^V&eH^ 07i/S.£. froTtt* 




ffo7'i}zantii/ Jbe&oii o7'BiLfe of^i^/^ liock^, iv^^Me^ 
^^terture af r^^idence^ 2 ^fe? 3 fee/- n^ide^Si 4 tv &fhio/iy 




Of KIN« CHARLES I. 77 

fquare, by an irregular clump or pile of rocks, or huge 
broad pillars of ftone, fifteen and twenty feet high, 
ftanding ereS: and elevated above the furrounding fu- 
perficies of the mountain, and enveloped with trees and 
foreft. Thefe rocks coalefcing or contiguous at top, fur- 
nifhed hollovvs or vacuities below, big enough to con- 
tain bedding and two or three perfons. The apertures 
being clofed with boughs of trees or otherwife, there 
might be found a v/ell covered and convenient lodgment. 
Here, Mr. Sperry told me, was the firft lodgment of 
the Judges, and it has ever fmce gone and been known 
by the name of the Judges' Cave to this day. Goffe's 
Journal fays, they entered this Cave the 15th of May, 
and continued in it till the nth of June 'following. — 
Richard Sperry daily fupplied them with vi6luals from 
his houfe, about a mile off; fometimes carrying it 
himfelf, at other times fending it by one of his boys, 
tied up in a cloth, ordering him to lay it on a certain 
ftump and leave it : and when the boy went for it at 
night he always found the bafons emptied of the provi- 
fions, and brought them home. The boy wondered 
at it, and ufed to afk his father the deiign of it, and he 
faw no body. His father only told him there was fome 
body at work in the woods that wanted it. The fons 
alv/ays remembered it, and often told it to perfons now 
living, and to Mr. Jofeph Sperry particularply. 

They continued here till nth of June. Mr. Jofeph 
Sperry told me that the incident which broke them up 
from this Cave was this, that this mountain being a 
haunt for wild animals, one night as the Judges lay in 
bed, a panther, or catamount, putting his head into 
the door or aperture of the Cave, blazed his eye-balls 
in fuch a hideous manner upon them, as greatly affright- 
ed them. One of them was fo terrified by this grim 
and ferocious monller, her eyes and her fquawHng, that 
he took tf) his heels, and fled down the mountain to 
Sperry's lioufe far fafety. They thereupon confidered 

G2 



7S HISTORY OF THREE OF THE JUDGES 

liiii fitiiitlnn toD dan.'rerous, ani quitted it. All tlie 

SpciTv iiiffinic? h:ivc liiis tradition. 

Mr, jo;'?rKi Sperrv alfb told me another anecdote. — • 
'l\]::{ O'ii^ day the Judges being at Mr. Richard Sperry '5 
Ivjail?^ ioQij perlbns appeared riding up towards the 
hoLsic thrc'.igli a carifey ever the meadows, fo that they 
could be feeii iifty or iixty rods oft ; who by their appa- 
rel, and particularly their redcoats, were by the fami- 
ly immediately taicea to be, not our own people, but 
cnemie-. They were the Encdifh purfiiivaiits uneK- 
l^-!:5>jdU^ returnci from N^^v-York, or Manhados. — 
U-rMi \vhich the gueds abiconded into the woods of the 
tJiH :i:di}g hill, and concealed themlclves behind Savin 
Rock, twenty rods wefl of Sperry's houfe. When the 
i)::'rriiivanis came to the houfe, and enquired of the fa- 
fiiiU' {or l!ie two regicides, they (aid they knew not 
'';^here they were, they had tranfiently been there, but 
h.id gone into the woods. * I have long ago often heard 
'thi< il 'ly of the purfuivants' adfually furprizing the 
Jt'dgc:, at Sperry's houfe, and that it was unexpecSiedly 
■kud when they were off their guard, and upon their 
nnexpetSled return from New- York. Yet by Hutch- 
mion thiCy returned to Bofton by w^ater. But it has al- 
V. ays been the tradition at New-Haven ^hat they re- 
ti.rned here, and by corruption of iervants learned this 
retreat at Sperry's, and made this fudden irruption to 
fnrprize and take them. That they came there, and 
came unexpefledly, whether on 14th May, before they 
went out of town, or afterwards upon a return, I think 
tliCi e can be no doubt. 

I have defcribed<heir. firiL refidence in the Cave on 
t'leRock. Mr. Sperry told me of two others, one 
-.ibcut two miles north, and the third at the Lodge and 
f'\n-t, io called, about four miles north-well in thewii- 
derncfs. Thefc I afterwards vifited. 

The fecond refidence is a little more dubious than 
the tint and lali, T/liich are unquedionably certain. It 



0F KIKG CHARLKS I. "fi) 

Was abont two miles and a half north of the firil, on 
the we;i: baak of a rivulet running along at the foot of 
the well iide of the Wed Rock, and about half a mile 
north of the houfe of Thomas Darhng, Efq. This 
gentleman was a man of literature and folid judgment, 
and the mofl inapt to credulity, efpecially of fables, of 
any ma.n. Retiring from town many years ago, he 
fettled on a paternal edate at the upper end of Sperry's 
houfe. He had been converfant with the Sperrys and 
their traditions for many years, and was fully convinced 
that this place was one of the refidencesof the Judges. 
In Augufl 1785, he ^vent with me and fhewed me the 
fpot of their little domicile, when fome of the wall or 
itone ruins were then remaining. I examined it with- 
clofe attention, and made a drawing of it on the fpoty 
one of the Sperrys being with usy and afErming the 
immemorial tradition, and herein concurring with Mr. 
Jofeph Sperry, who referred me to tlie fame fpot. 

It was, as has been laid, at the foot of tlie mountain 
on the weilern bank of a fmall rivulet, which runs along, 
the wed: fide of the Weil: Rock ; the fpot juii five miles 
and a half from Yale College. Defcending a ifeep 
bank, of brow of the hill of upland, fixteen feet, we' 
came to a bottom, or level, forty feet wide, four or 
five feet above the water of the rivulet or brook, which 
I meafured thirty-four feet wide at that place. This 
feottom, or level, extended along the bank, on the 
edge of the river, fifty-four rods, under the brow of the 
hill, being two to three rods wide. It was a beautiful,' 
lliady and pleafant ambulacrum, or walk. The up- 
land on the well lide is a level of twenty feet above the 
river. From under the w-silern brow ilTues a perpe- 
tual fpring about the mdddle of the ambuiacrum, run- 
ning in a perpetual pleafant brook or ilream along un- 
der the weltern brow, and discharging into the rivulet. 
The rell of the bottom is not wet and marlliy, but dry 



So HISTORY OF THREE OP THE JUDGES- 

was, in 1785, inveloped in trees and foreO:, and yet 
the bottom was not fo charged with trees as to be im- 
palTable, being only a pleafant fhady retreat, in which 
a philofopher might walk with delight. Near the up- 
per end of this walk, clofed in at each end by the curve 
brow of the hill coming down to the very brink of the 
jivulet, was fituate the hut of the Judges under the fide 
or brow of the hill. Evident traces of it remained in 
1785. It v/as partly dug out of the fide of the hill, 
and built with (lone wall, about eight feet one way and 
feven the other. The weftern v/all was yet ftanding 
perhaps three feet high, and a remnant of the north 
wall. The fcite, when I fawit, was filled with weeds 
and vegetables, and buflies, in the manner of old cel- 
lars, for it feemed to have been dug out a little lower 
than the furrounding furface of the bottom. The re- . 
mainder of the ftone work evidently Ihewed that it had 
been built with defign : and unvaried tradition fay it 
was one of the abodes of the Judges. They could not 
have chofcn a more fecret, hidden, and pleafant con- 
cealment, t They probably came to it next after they 
fled from the iirft Cave, which they left nth of June. 
In the twelve days fucceeding they were in great un- 
certainty whether to furrender or not. It is not impro- 
bable that in this fpace of time they refided in Sperry's 
houfe, or perhaps in the adjacent woods part of the. 
time, and part of it Ihevving themfelves at New-Haven, 
as well as at Govei-nor Leet's in Guilford. But con- 
cluding not to furrender as yet, they, on 24th of Jvme, 
went into their wildernefs retirement. Let us fuppofe 
they now went into this fecond Cave lodgment, or refi- 
dence by the rivulet. For fome reafon however they 
do not feem to have fojourned here long : The Sperry's 
farm tradition fays, becaufe the Indian dogs in hunting 
difcovered them. They therefore fought another lodg- 
ment. If Governor Hutchinfon had made more copi- 
ous extracts from- Goffe's Journal, we doubtlefs fhould 
have had more particular defcriptiojns. lie fpeaks of 



OF KING CHARLS^S J. §f 

The CavBy whereas there were undoubtedly thfee re- 
fidences in three duTerent places, akhough all three 
at and behind the Vv^eft Rock. 

The third place of thc^ir abode in the vicinity of New- 
Haven, was at a place called to this day, The Lodge. 
It was fituated at a fpring in a valley, or excavation in a 
declivity, about three miles weft, or a little north weft, 
from the laft mentioned refidence. A little northward 
of it was an eminence called the Fort to this day, from 
whence there was an extenfive and commanding prof- 
pe6l, and a full view of New- Haven harbor to the 
s. E. (even miles off. From this they could fee the 
veftels pafling in and out of the harbor. When they 
came to this abode is uncertain ; it v/as in the fummer. 
And they left it and removed to Milford Auguft 1661 ; 
after having refided in and about New-Haven for near 
half a year, from 7th of March to 19th of Aug. 1661. 
During this time they had two other occafional lodg- 
ments In the woods ; one at the houfe of Mr. Riggs, 
newly fet up in the wildernefs, at PaugaiTet or Derby ; 
another between that and Milford. They were fome 
times alfo at Totoket or Branford. Thus they fhifted 
about, fecretly changing their reclufes. 

I have never been able to determine with precifion 
the true place of Hatchet-Harbor, whither Sperry car- 
ried the two Judges and lodged them for the firft two 
or three nights after the 13th of Pv'Iay, until he had pre- 
pared another lodge for them on the top of Weft 
Rock. I had thought it was near his houfe, at a hole 
on the fide or precipice of that rock. Afterwards 1 
became fatisfied it was not there, but fome miles n. w. 
from his houfe. The territory from this mountain 
weftward, as indeed that of all New-England, is like 
the hill country of Judea, a land of hills and vallies. — 
On a trail about a mile fquare, and lying four miles 
N. w. from Sperry 's, there are four hills, or eminences, 
between which there a:rs vallie'^aud iatercurrent brooks. 



fjZ HISTORY 01-' THREE OF THt jUD(5E3 

The bouncbry linebetvveen Milford and Nevv-FIaven 
palling here, its frequent perambulation iias given no- 
toriety and continued memorial of the names of feverai 
places on this territory ; names taken from the reu- 
denceof the Judges there. And thefe are entered in 
the public records both of tliofe towns and of the colony. 

On the northern dechvity of one of tliefe hills ifllies a 
fmall perennial fpring, between two trees, a walnut 
and chefnut, noiv three and four icet diameter, and 
judged to be two hundeed years old, Handing tvventy- 
tv/o feet apart. This fountain is ftonned as if v/ith de- 
fign, and probably rem^aining as the Judges left it. — 
Tradition fays that when they came to this fpring, one 
of them faid, *' Would to God we had a liatchet". — 
and immediately finding a hatclict, left there probably 
by the Indian hunters, they, cut do^vn boughs and built 
a temporary harbor, from this circumitance called 
Hatchet-FIarbor to this day. Not indeed that all agree 
in indigitating this particular fpring, though moft do ; 
while all agree in placing Hatchet-Harbor foiiie where 
on this mile fquare territory, to which they alfo uni- 
verfally give the name of' ilie Lodge," and '* the Har- 
bor," '* the Spring," " Hatcliet-Harbor," "the Fort," 
**the Look Out," *^ Homes's Fort," and ** Providence 
Hill." For different parts of this little territory go by 
thefe names, which are frequently ufed promdfcuoufly 
and indifferently for any and all parts of it. But I be- 
lieve that this fpring was Hatchet-Harbor. On an 
eminence well of this, by the fide of a ledge of rocks 
twenty fe-c^t high, was built a Cave, or convenient lodg- 
ment, ten feet long and feven feet wide, regsilarly 
ftoned, I find the walls now remaining, though fome- 
what broken down. It was covered with trunks of 
trees, which remained, though much rotten and decay- 
ed, till within forty years ago : indeed I faw fome of 
the rudera, rafters, or broken rehcs, limbs and trunks of 
trees, fiill lying in the cavity. This was undoubtedly 



OF KING CHARLES I. S3 

thf-it* great and principal lodge, and in a very reclufe 
and iecreled place. There is a beautiful fpring fix rods 
from it. A moil: convenient and fl:^cnre iltuation for 
exile and oblivion. This lodgment is fifty rods eail of 
deacon Peck's, on \vhofe farm it is fituated, and about 
one hundred rods weft from Milford line : as Hatchet- 
I'larbor, or fpring (at which I found an Indian il one 
god) is fituate about as far eaft of that line, on Mr. 
Newton's farm. Between thefe two hills, and dire£i:iy 
in this line, is a valley im.?riemorially and to this day 
called ** Hatchet- Valley,''" lying nearly in equal proxi- 
mity to both fprings. The true fpot of Hatcket-Har- 
bor is loft, while all agree in referring it to this fmall 
territory, and moft fpeak of Mr. Newton's fpring as 
the place. 

Acrofs a valley, and fifty or fixty rods north of this 
fpring, lies a very rocky hill, called to this day "the 
Fort," and in the town patents 1675, " Homes's Fort" 
— perhaps a nam.e acquired before the Judges' coming 
there. It was however a place they frequented, not 
for refidence, but for a look cut and profpe^l into New- 
Haven town and harbor, f;::ven milfes off. From hence 
is was called indifferently " the Fort Rocks," " the 
Fort," " the Look Out," " Homes's Fort." 

Weft of this, and about one hundred rods north of 
tire great or convenient lodgment, on deacon Peck's 
farm, lies another hillock or erriinence, called to this 
day, and in the records fo early as 1675, " Providence 
Hill :" between which and Fort Rocks hill is a valley 
and brook. Between iheie two hilis runs the dividend line 
of the towns of Milford and New- Haven, Milford tra- 
dition is that it acquired that name tiius : Vv^hile the 
Judges refided at the lodge on' the fouthern hill, they 
apprehended themfclves cifcovered and parfued, wiiile 
walking upciithe tops of lulls, and the Indians ain^ays 
burned rings or tra6i:son thofefumrnits, to give a clear 
vicv/ for hunting deer ; fuppofing ihciTifcives difcovcr- 



§4 HISTORY OF THREE OF THE TUDGSS 

ed they took to the biifli, and to deceive their p;ir2".;;rs 
janged a north courfe between the hills, and giving 
them a fah'e fcent, turned off to the weilward, and 
came round the hill to their old place in feciirity. On 
account of this deliverance they called this northweftern 
hiU Providence Hill. It is faid there are ftill the re- 
mains of another Cave at the fouth-eafl: declivity of Fort 
Rocks, fuppofed and traditioned to have alfo been one 
of the Judges' burrows. However, all thefe feveral 
lodgments hereabouts, may be properly comprehended 
under the general name, *' the Lodge." 

Thefe, with one at PaugafTet or Derby, and another 
in the woods half way between Derby and Milford, 
give, I believe, all their lodgments at and about New- 
Haven : and thefe inclufive of one at Totoket and 
Guilford, give all their lodgments in Connecticut, for 
three years and an half, and until their final removal 
and abforption in Hadley, where they ended their days. 

Letter from Dr. Carringfon, 

^^ Milford, Septe?nber ij},i*^()^, 

*' Reverend and dear Sir, 
** I find by examining the town records of Milford, 
that the place called the Lodge is the high lands a little 
to the weilward of Captain Enoch Newton's houfe, the 
now farm of deacon Peck, near an hundred years ago 
this land is defcribed to be at a place called the Lodge, 
above the head of Mill River, and is fo defcribed ever 
lince in the deeds of transfer. To the northward of 
this about a mile, and on the north fide of the road to 
Oxford, is an hill at this day called Providence Hill. 
'Squire Strong, who is now above eight) years old, tells 
me that full hxty years ago he v/as on this hill in com- 
pany with a Mr. George Clarke, then an old man, 
and who then ii\ed a little eail of the hill ; he told them 
that was Provide iice Hill, and that it had its name from 
the Judges refiding rlicrc. He adds, this Mr. Clarke 



OF KIMG CHARLfeS J. S5 

was an intelligent man.-— And in a deed executed by 
this Mr. Chrkein 1716, of land on the hill below, to 
lus fon, he defcribes it as being at a place called the 
Lodge, or Morocco. Betwixt theie two hills there is 
.a brook of water running wefcward, called now Bladen's 
Brook, and was fo by the records, as early as 1700, 
•but from what it had its name I cannot learn. A Uttle 
eaitof Providence Hill, on the New-Haven fide, is 
an hill which is commonly called the Fort, and I think 
-ukd to be called the Lodge too, when I was a lad.-— 
There is a t^aft of land lying on Milford iidc, begin- 
ning as far north as Amity meeting-honfe, and running 
foutli three or four miles, which has ahvays been called 
'the Race. I find in the records, that in perambulating 
the lines betwixt New-Haven and Milford, early in 
Governor Law's day, they fay they fixed bounds on 
Ifomes's race : that they went northv/ard and fet up 
another on the Lodge ; and further on, and fixed ano- 
ther at Bladen's Brook, at the mouth of Station Brook> 
a fmall run of water coming out from Homes's Fort. 
Why tnefe are called Homes's Race and Fort^ cannot 
learn. 'Squire Strong fays- he always fuppofed it was- 
from the judges ajiliming that naiTxC ; but does not re- 
colle6l he ever heard fo. There never was any perfoa 
in this town of that name as I can find* I have enclo- 
fed you a plan reprefenting thofe places, Vv'hich may* 
make them more intelligible to .you. The Lodge is- 
juft tv/elve mile? from Milford, and I judge about fe- 
ven from Ncvv-^aven. Deacon Peck, who has lived 
on the Lodge about fifty years, and has heard many 
things from his anceilors on this fubje6l, particularly 
from the aforefaid Mr. Clarke, hi.^ father in law ; but 
docs not feera now to recolie6t much about them ; but 
this he feem.s to fully recollecl:, that while the Judges 
lived here they had their provifions from one Sperry's 
houfe, in Speriy's farm, lail Richard Sperry's houfc, 
now Mr. Darling's land. Hutchinibn fayii they leit 
New-Hav£n, and lodged in a mill ^ this mill vrao cro« 
H 



% HISTORY OF THREE OF THE JUDGES 

bably at the Beaver Ponds ; thence they went into the 
woods, met Sperry, &c. who condu£led them to Hateh- 
et-Harbor. This Hatchet-Harbor was, I beheve, the 
fame with the Lodge. I hear a Mr. Clarke, now 8o 
years old, fon to George, and lives near the Lodge^ 
iays it was fo called from the circumflance of their find- 
ing a hatchet there the firft night they came t^ere ; bijt 
I have not feen him to make the enquiry myfelf. — 
■Squire Strong tells me he has heard his mother tell of 
tlieij living in Tomkins's flone cellar ; that a number 
of girls a fpinning above, fun g a royal fong, counting 
on the regicides, not knowing they were below and 
heard them— the place called George's cellar. 'Squire 
Strong tells me the tradition is, that a perfon by the 
name of George Alfop once lived there, but who he 
was, or from whence he came, there is none can 
give any account. The old people in this tov/n 
have heard their anceftors tell about the Judges, but 
feem not to recolie61; any thing particular about them, 
. 'except they all agree of their living at Tomkins's houfe. 
The firll lav/ book of New-Haven colony, you enqui- 
red of me about, publiilied in Governor Eaton's day, 
^Squire Strong tells me he has feen in Mr. EdvTard's 
library at Hartford. The Judges were probably known 
to Governor Treat, for he was at that time a man of 
gi-eat note in tliistown. He was born in 1622, came 
here from Hariford with the planters in 1639, was 
t^ien feventeen years old. He married the only daugh- 
ter and child of Mr. Edmund Tapp, one of the iirft 
said principal planters. He intended to have returned 
to Hariford, but his wife's parents, and the planters, 
pvrfuaded Ivim to tarry in the plantation, and tliey mad;i 
Mm grants ©f lands toinduce him to tarry with them ; 
hic lived vi'ithMr. Tappy at- leail his houfe was on Mr. 
Ti^pp's lot. Mr. Tiipp's great grand-fon, and Gov- 
ernor Treat's grand-fon, Mr. Edmund Treat, now 
eighty years old, lives on tind owns the iarm lot, toge^ 
liier with many otlier pieces of iand^ that was Mt,- 



OF KING CHARLES t. 8.^ 

Tapp's and Gover»or Treat's. The firft lands taken 
up by the firft planters, are in many inflancesyet in tlie 
fame famihes, as the Pruddens, Clarkes, Fenns, Fow- 
lers, &c. Governor Treat appears by the records to have 
had the principal diredionof the plantation very early^ 
as in building of" the meeting-houfe, which was 3^) feet 
fquare, and flood where the iteeple of the prefent (lands. 
He is often mentioned in the records, and appears as 
Deputy-Governor firft in 1678 — as Governor in 1682, 
and until 1699 — from that time until 1708 he again 
appears as Deputy-Governor. '"Squire Strong tells nae 
that on the return of General Winthrop from England, 
as agent, in 1698, Governor Treat requeiled Mr. 
Winthrop might have the chair, and he was according- 
ly chofen Governor, and Colonel Treat Deputy-Gov- 
ernor. Mr. Winthrop died, it appears by our re- 
cords, in 1707, and upon the 17th of December, 1707, 
Deputy-Governor Treat convened the AiTembly at 
New-Haven, informed them of the death of the Goifo. 
ernor, that he had convened them that they might make 
choice of one, agreeable to charter. Governor Treat 
v/as at this time 86 years old, and probably declined 
public bufmefs any m.ore, for I do not find any further 
mention of him after this in the records. He died July 
1 2th, 17 10. It is recorded alfo on his tomb-flcne, 
that he ierved in the poll: of Governor and Deputy-Gov- 
ernor nigh thirty years. The AfTembly, in 1707, 
made choice of Governor Saitonflall, but as he was not 
in the nomination, and by law they could not chufe any 
one out of the nomination, before they gave him the 
qualifying oaths, Avhich was on the firft of January, 
1708, they repealed the law fo far as refne6ls the 
choice of Governor and Deputy-Governor, and left 
them to the choice out of the freem.en at large, which 
has continued ever fince. This tranfa6lion is on our 
town records. 

"I am inclined to believe that Bladens Brook, 
Homes's Fort and Race, the Lodge, or Morocco, 0, 



^S HISTORY or THREE OF THE JUDGES'' 

had their names from the Judges, as,vvell as ProviQence- 
Hill ; but at this day there is none can inform, Gofte's 
Diary, which Hutchinfon mentions he had, might 
refer to thefe places, and point them out as it did Pro- 
vidence Plili, where they lodged. Hutchinfon fays 
their letters are dated at places not known, to prevent 
their difcovery. Morocco I fnould fuppofe it likelv 
for them to write from, as Ebenezer. Vv'^hen I found 
thefe places in the records I expected to have got further 
information from the aged people ; but they in general 
do not'* recollect with fufficient certainty to eltablifii 
facts. — Ypur information may explain thefe records, 
or they may pofilbly help to explain iomc matters you 
have doubted of. There is a Mr. Valentine Wilraot 
now living in Bethany, an old man, whom I have not- 
feen many years ; he knew all the ancient people at 
Sperry's farm, was a great Hunter, and I believe from 
what I can recollect of the man, is hkely to have heard 
und retained feme anecdotes about the Judges. 
I am, Sir, 
With refpect, 

Your moft humble fervant, 

Edward Carrington. 

Reverend DoJi'o?^ Stiles. 
*' P. S. There is a tradition of a very curious fe- 
pulchre fouixi many years ago, about two miles north- 
well of the Lodge ;'t}!at it was in the fide of fome rocks, 
that it was made of itones laid by hands in a very regu- 
lar manner ; and when opened a corpfe was found in 
it, at leail the bones of a man fuppofed to be fix feet 
and a half liigh. It was accidently found by removing 
the flmQt for a building." 

From their lodgments in the woods the Judges re- 
moved and took^Jp an afyluni in the lioufe of Mr. 
Tomkins, in die centre of Milford, thirty or forty rods 
Iruiu the meetiiig-Uoufc. Governor Law afterwards 



OF KING CHARLES I. ^ 

bought fhis Iwufe and lot, and built his feat within a 
rod or two of it. I have frequently been in this houfe 
of Tomkiiis's in the Governor's life time, vv^ho died 
1750, aged 73 : it was (landing fince 1750, and per- 
haps to 1770. In this houfe the two Judges refided in 
the moft abfolute concealment, not i^ much as walking 
out into the orchard for two years. I have not learned 
who were privy to the concealment here^ The minif- 
ter at this time was the reverend Roger Newton. Hq 
with Mr. Treat and Mr. Fenn, and a few others here 
were in the fecret, and held interviews with them ia 
this fecret retirement. But it is ftrange that the very 
memory of their refidence there is. almoft totally obli- 
terated from Milford. I do not find a fmgle perfon of 
Milford, or of Milford exti'a6t, except Judge Law, 
now of New- London, born at Milford, the Governor's 
fon, and Gideon Buckingham, Efq. of Mil ford j^ 
now living, who is pofTeifed of any idea or tradition of 
the Judges having ever lived there at all. Judge Law 
is fully pofleffed of the matter, and corre6ls Governor 
Hutchinfon's account, who places Tomkins's houfe 
between New-Haven and Milford, whereas he informs 
me it flood in the very center of the town of Milford, 
and on his father's home lot. This houfe, it is faid, 
was built for the Judges on Tomkins's lot, a fev/ rods 
from his houfe. It was a building, fay twenty feet 
fquare, and tv/o ftories. The lower room built with 
ftone wall, snd coniidered as a ftore. The room over 
it with timber and wood, and ufed by Tomkins's family 
as a work or ipinning room. Tlie family ufed to fpia 
in the room above, ignorant of the Judges being below, 
where they refided two years, without going abroad fo 
much as into the orchard. Judge Buckingham tells 
me this llory, the only anecdote or notice I could ever 
learn from a Milford man now living. While they fo- 
journed at Milford,. there came over from England a 
ludicrous cavaljer ballad, fatirizing Charles's "judges, 
and Goffe and Whaliey among the reft. A fpinftre[i» 
H2 



qo HISTORY OF THREE OF THE JUDGES 

at Miiford had learned to fing it, and ufed fometimes 
to fing i^ in the chamber over the Judges : and the 
Judges ufed to get Tomkins to fet the gi'rls to finghig 
that fong for their diverfion, being humoured and pleai- 
ed with it, though at their own expence, as they were 
the iubje6ls of the ridicule. The girls knew nothing 
of the matter, being ignorant of the innocent device, 
and little thought that they were ferenading angels. 

But however the memory of the Judges is obliterated 
cit Miiford, not fo at Guilford, New-Haven and Had- 
]ey. Here I refume their fituation before their final ab- 
dication. It is in conflant tradition at Guilford, not 
only that they a^lually were here, but were for fome 
time, at leaft for feveral days, fecreted at Governor 
Leet's. They fpeak of two circumilanccs : ift. That 
the Governor, though a cordial friend to them, was fill- 
ed with great anxiety and diftrefs leall he ■ fiiould be 
brought into danger and trouble by their being tliere, 
and took the iitmaft precaution concerning their con- 
cealment, that he might be fafe and fecure from incur- 
ring blame. And to this end, 2d. He would not fuf- 
fer them to be lodged in his boufe, but made them 
lodge in his (tone cellar. * Now it is difficult to account 
for this tradition, on the fuppofidon of only their tran- 
■fient vifit and calling upon him, and even lodging with 
liim, in their way from Governor Winthrop's in New- 
London, to New-Haven, which they certainly did on 
7tb of March : for there really was no danger of impeach- 
ment for the harboring and concealing traitors, till after 
he had, on loth May, received a copy of tHc royal 
mandate. Governor Winthrop felt no danger, nor did 
Governor Leet, till the loth of May. He might be 
tenderly anxious and folicitous for the regicides them- 
ielves, and for the manner he muu be called to condu6l 
latheafRur, but not for his incurring any penalty by 
this a6t of hofpitality even to travelling traitors, whom 
he had no orders, nor by office as chief Magiflrate was 
then holden or obliged to apprehend. Nor would he 



OF KING CHARLES I. 9I 

at that thiie have lodged them in his celbr. But the ■ 
cafe was much altered after the loth- of May, and every 
body was put into terror and caution after that. The 
Judges ceitainly were not at Guilford after they went fa 
Nev/-liaven, during the fpace of from 7th of March 
to loih of May, when the Governor told Kellond and 
Kirk that he had not feen them for nine weeks. Al- 
though it is probable that he immediately, or in a few- 
days after 7th March, followed the Judges to New- 
Haven, there to take counfel and concert mcafures how 
to a£t concerning them., of v/hich there is a fiyin.g tra- 
dition ; yet if fo, he faw them no more till after the 
lothof May. After this, it became really dangerous 
for the Governor to be concerned in the conceahnent* 
From their firft coming in March, to nth June, they 
certainly were not feen by the Governor. Between th?s 
itnd 20th of June was the only fpace in which they 
could be at the Governor's, for they were expofed three 
days in New-Haven, and retired to their Cave jun& 
'24th. Thefe eight or nine days it was in deliberation 
to deliver them up, and Mr. Gilbert gave out that he 
expeded it. Let us conceive that they had concluded 
to furrendcr, and went over with their friends, doubt- 
lefs Jones, if not Davenport, to the Governor to fur- 
render. Deliberating when they cam^e there, they 
might confidcr that the only perfon in real danger v/as 
Mr. Davenport, and if he v/ould rifqu.e the matter, 
the concealment might go on. The formal and acluai 
furrendery tliey might hold in fufpence. But this took 
up time, and perhaps they mult lodge in Guilford a 
night or two. How fiiould this be ordered fo as to 
fave the Governor ? Here might be room, for the ap- 
pearance of the Governor's timidity and caution'; 
which miglit terminate in a conclufion that it was not 
bcit nor fafe that they iliould lodge in the Governor s 
lioufe ; and to avoid this they ihould^ during thefe fe\y 
days fecretion, take up their abode in the ilone cellar^ 
and perhaps in Mr. Rolfeter's houfe. 



92. HISTORY ©F THREE Of THE JUDGES 

There is, as I have faid, reafon to think that thef 
went over to Guilfcrd vvith the bona fide and a(Si:uaI 
viewof rurrenderingthemfelves to Governor Leet. The 
Governor's houfe was fitnated on the eaftern bank of 
the rivulet that palTes through Guilford, t He had a 
a (lore on the bank a lew rods from his houfe, and un- 
der it a cellar remi'inin^ to this day, and which I lately' 
(1792;) viii ted and viewed with attentii)n. It is, as I 
hav^e faid, fti»l in the genf^ral and concurrent tradition 
at Guilford, that the Judge-s were concealed and lodged 
in this cellar feveral nights, moft fay three days and 
three nights, when the Governor v/as afraid to fee them. 
A daughter of Governor Leet afterwards raarried ia 
New-Haven to Mr. Trowbridge. It is an anecdote 
flill prefervedin that family, that fhe ufed often to fay 
that, when fhe was a little girl, thefe good men lay con- 
cealed fome time in this cellar of her father's (lore ; 
but that Ihe did not know it till afterwards : that (he 
well remembered that at the time of it, flie and the 
reft of the children were flridly prohibited from going 
near that flore for fome days, and that fhe and the 
children wondered at it and could not conceive theTea- 
fon of it at that time, though they knew it afterwards. 
Tradition fays that they were however conftaatly fup- 
plied with viduals from the Governor's table, fent to 
them by the maid, who long after was wont to glory in 
it, that fhe had fed thefe heavenly men. Now this 
caution could not be at their hrlt interview with the 
Governor, at their paffing at Governor Winthrop's from 
New-London to New-Haven, in March. On the 
lath of May Leet told the purliiivants that he had not 
feen them in nine weeks, nor was it dangerous, as I 
have faid, for any one to fee them till that time, when 
he firft received the King's procla«nation. He doubt- 
1efs ftudiouily avoided feeing them ever after this. — 
This hiding In the cellar mud therefore have been after 
J 2th of Mav, and indeed after the nth of June ; and I 
conceive it to have been at the tijiie when Mr. Gilbert 
t S:;e Plate, 



OF KING- CI-IASLE3 I. 93 

gave out that he looked when they (lioiild have come- 
in and farrendered, as he might fay wi'di truth, If he 
knew they were gone to Guilford with the exprefs de- 
figsi of furrendering. And as it would not have been 
proper for the governor to fee them until they actually 
furrendered, it was natural fo ta contrive the matter, 
that they Ihould lie concealed in this cellar, during the 
two or three days' confultation and deliberation on what 
was necelTary and bed to be done. This therefore was 
a proper time, and here was fufficient reafon for all tlie 
caution and injun6tion3 upon the family, to avoid and 
not go near that (lore, a thing long after remembered 
by the Governor's daughter, and narrated in her very- 
old age, within the memory of perfons now living. — • 
Perhaps Mr. Davenport himfelfwas in this confultation, 
as being conceived to be the principal peribnin dano;er. 
Upon revolving and di feu fling the matter, they malt 
have perceived the folidity of Mr. Davenport's reafons, 
that both he and the Governor were fafe it they had ne- 
ver any thing more to do with the Judges after the re- 
ceipt of the King's proclamation and commands. For 
thefeor other reafons, it was concluded not to infiit on. 
their furrendery ; and accordingly they v/ere left to re- 
tire from this concealment in the Governor's cellar, and 
returned to Nev/-Haven ; and after fhewingthemfelves 
openly there from 20th to 24th of June, retired to their 
Cave at Providence Hill. This was undoubtedly the 
time, the dangerous time, when they were fo cauticuf- 
]y concealed in the cellar. 

Conne£led with this is another anecdote, which I 
extract from the records : 
Jf a General Court at ISJew-Haveiiy May 7, 1662. 

Confidering the cafe of Mr. Brayton (Bryan) Roffe- 
ter, of Guilford, and his fon, John Rolfeter : The 
Marfhal of Guilford had waited upon them, for colony 
rates, the father not at home. In converfation with the 
fon, the Marilial '^ told him, his father ihould bring in 
an account of his charges about the Colonels, &c/' 



^\. HISTORY OF THREE OF THE JUD(SES 

Now at that day, that military office v/as not in be- 
ing in New- England : there being only Majors and no 
Colonels in Maiiachuretts, Connecticut, Ncvv-Kaven, 
Plymouth or Rhode-Iiland. Were not thefe Colonels 
Goffe and Whalley ? and dont this concur in evidenc- 
in$7 that they refided fome time at leaft in Guilford in 
l66i ? Doubtlefs they reiidcd in the Governor's cellar, 
2.nd at Mr. Ro deter' s, from the nth to 2oth of June. 
Mr. Davenport (landing firm, and the Governor now 
liaving demonftration by the aftual furrendery of the 
Judges, that they would at all times fiand ready to fur- 
render, and it being agreed that the places of their re- 
treat fliould always be known to him, fo that they could 
be given up in cafe of extremities, he felt himfelf fafe, 
and could agree to poftpone the a6lual acceptance of 
their furreridery to a future time, if i-t iliould be abfo- 
lutely necellary. 

Madam Dexter, of Dedham, originally of Bofton, 
whom I faw 1793, aged 92, tells me iliehad formerly 
been acquainted vv'ith a pious v^'oman at Dedham., who 
ufed 5ften to glory that ihe had lived with, ferved and 
miniftered to thefe holy men ; but when alked, would 
never fay where it was. 

An aged woman now living in New-Haven, of 
good intelhgence, tells me, 1793, that her grand-mo- 
ther CoUins died about 1744, aged 87, when ihe was 
aged 17 or 18. Mrs. Collins (formerly Mrs. Trow- 
bridge) was Governor Leet's daughter. She has oftea 
heard her fay, that ihe remembered the children of the 
family were for a time forbid the ftone cellar, but coidd 
not then conceive for what reafon. But flievvas after- 
wards informed, and ever after fuppofed the two Judg- 
es vi-ere concealed there. Mrs. Collins might be four 
or five years old in i66r. This isadiflincl branch of 
traditionary Information from the former, although of 
the fame fa6l:, and concurrent with other information. 

It is difficult to conceive how any thing lefs than 
il^ fliould be fuiHcient for the tradition at Guilford.-* 



OF KINO CHARLES t. 95 

If.this fcene really took place, what cpmmanded thtj 
ultimate determination I Siippofe it was this, that they 
ihould return to New-flaven, appear openly, and not 
only clear Mr, i Davenport from then Itill concealing 
them, but confer with Mr, Davenport, the only man 
in danger, and if he felt his danger, then to furrenders, 
And this would bring the v/hole matter upon Mr. Da- 
venport. If he gave out, all was gone. Mr. Daven- 
port was a great man in every refped:, a great civilian, 
a great and deep politician, as well as divine, and of 
intrepid refolution and firmnefs ; and was a much deep- 
er man, of greater difcernment in public affairs, and 
every way fuperior in abilities to the Governor and all 
concerned. He faw they all gave up. He, like Mount 
Atlas, flood firm, and alone refolutely took the whole 
upon himfelf. Better than any of the Counfellors, he 
knew that the fecreting he had done to the 30th of 
April, and whatever could have been done before the 
arrival of the royal mandate, could be vindicated by 
the laws of hofpitality to unconvided criminals, and 
could not in a court of law be conftrued into even a mif- 
prifion of treafon. It might fubjecft him to fome in- 
conveniences, perhaps profecutions, but could not be 
fatal : a thing which perhaps the others doubted. Sup- 
ported by his good fenfe and deep difcernment, he 
therefore felt himfelt fecure, and itood firm ; not out 
of obftinacy, which v/as indeed natural to him, but 
v/ith an enhghtened and judicious flability. What 
itaggered Governor Endicott, a man of heroic fortitude, 
and other Hearts of Oak at Boftou, never Itaggered 
Mr. Davenport. He alone was firm, unfhaken, un- . 
awed. Great mdnds difplay themfelves on trying and 
great occafions. Ke was the man for this trying occa- 
iion. Davenport's enlightened grealnefs, fidelity and. g^ 
intrepidity, favcd the Judges. ^ Mb 

They having fbewn themfelves three days at New- 
Haven, though doiibliefs cautioufiy, on tue 2 U.h of 
June, as I have faid,, retired to their Cave, and clofed 



"^6 HISTORY OF THREE OF THE JUDCES 

"their laft open intercoiirfe with the world. Here they 
continued about two months longer, and then, on the 
■T9th of Aiiguft, 1 66 1, removed to the houfe of a Mr. 
Tomkins in Mil ford, t Here they lived fecreted two 
years vvithout going into the orchard. Afterward? their 
-religious meetings and exercifcs, as it is faid, gave them 
too much notoriety to continue there any longer ; and 
they were obliged to meditate a removal to a more fe- 
■creted afylum. This was undoubtedlv accelerated by 
the news of the arrival of the CornmiHioners at Bodon, 
1664, one of whofe inftruclions fi*om the King was, 
to make enquiry for Colonel Whalley and Colonel 
Gofte. They fought foT the moii: 1 emote frontier fet- 
tlement; and the friends provided for their reception at 
the houfe of the reverend John .Ruifel, minilter of the 
new fettled town of- Hadlcy, one hundred miles oft, up- 
on Conne^icut river, in Maffachafetts. They re- 
moved from Milford to Hadley onthe 13th of October, 
1C64, after a lefidence and pilgrimage of three years 
and feven months, at New-Haven and Milford. I'hey 
travelled only in the night, and lay by in the day time, 
making little llations or arbors, v/hlch they called har- 
bor^, when in the woods on their journey. One of 
the little refls or harbors of thefe pilgrims, was near 
the ford of a large brook or rivulet, which we pafs in the 
way to Hartford, juft twenty miles frooi Nev/-Havcn, 
or half way to Hartford, and one mile weft of Merideri 
meeting-hcufe : which circumitance has given the 
name of Pilgrims Harbor to this place or pafs, to this 
day. From thence they proceeded to Hadley in 1664. 

They kept a diary or journal of occurrences for the 
Erft feven years of their exile, after they left London, 
at Bodon,' New-Haven, and Miltbrd, and then at 
Hadley. I'hef- with their letters, an'.l perhaps other 
WTiting?, were left in the hands of Mr. Ruifel, of Had- 
ley, till his death, 1692 ; and padcd uov/n to his fon, 
who died 171 1, having rem.oved them to Barn (table ; 
awd thence to his grand-fon, the fucceeding minifcer ot 

T S:^ a!l:b:^j!Lu!gmi:aSi Pijiiil. r-.'j. 11. and PlatcWl. 



'of king CHARLES K 9/ 

Barnftable, where they were preferved to his. . death, 
1758. About this time, or perhaps 1759^ or 1760, Ii:li's; 
Otis, of Barnilable, an a'gecl widow lady, removed 
from Barnftable, and came to hve with her fon, Major 
Jonathan Otis of Newport,, and became for many 
years a comiTsunicant in my church there. This brought 
me into an intimate acquaintance with her. She was 
a Ruirel, a grand-daughter of the reverend John Ruf- 
ihlj of riadley, daughter of the reverend Jonathan Ruf- 
fe}, of Barnftable, and fifter of the reverend Jonatlian 
Ruflel, fucceiror of his father in the paftoral charge of 
the church at Barnftable, v/ho died I75§. She was 
every way a woman of merit and excellence. Oi ex- 
ceeding good natural abilities, very inquihtive, pof- 
felfed a natural decency, dignity and refoe6lability, and 
was a perfon of confiderable reading, and extenfive ob- 
fervation. She had all along in life been much con- 
verfant am^ong minifters, gentlemen of the Court, and 
perfons of the firft refped'tabihty. She was ever learn-, 
ing and imbibing fomething profitable and improving, 
and took fmgular delight in the converfation of inftruc- 
tive characSlers. She v/as perfe6lly verfed in the Ruf- 
fe! hiftory of the Judges, for whofe m.emory the had 
the family veneration. So much I think necefiary to 
obferve of her perfonal character. Among other con- 
verfations, ihe often brought up the ftory ot the Judges. 
She confidered it an honor to have delcended Irom an 
anceftor who had concealed ai^proteCied them. She 
often told me of a trunk of Wl|lley's and Gofte's ma- 
nufcripts which had come down tu her brother, the 
fecond Mr. Ruifel, of Barnftable, and were pref^rved 
there in his library to his death. She faid ilie had fpent 
much time in reading them, and fpake much of what 
fhe found contained in them. What v/as given to the 
Mather library, vs^as but a very fmall part cf the collec- 
tion of the Judges' manufcripts in this trunk, fome of 
which, though difperfed, may poilibly yet be found, 
aiid Qh'oid light and information. 
1 



98 HISTORY OF THREE OF THE JUDGE? 

When I read Governor Hiitchinfon's hiflory, pub- 
liiked in 1764, and particularly his marginal notes 
about the regicider, I inflantly recolIe6led this inform- 
ation of Mrs. Otis refpe6ting this collection of manu- 
fcript?, and at firil Judged that this was the fource from 
whence the Governor derived his documents. Lieu- 
u nant-Governor liutcliinfon was then Chief Juftice of 
the Supreme Court of MalTachufetts. I at once con- 
lidcred, that in riding the circuit, when holding the 
court in the county of Barnftable, he came acrofs this 
trunk of the Judges' m>anufcripts, and feleded from 
llience the accurate and authentic information which he 
publiihed. But. afterwards the Governor told me, that 
he had never heard of this coUeftion of manufcripts in 
the hands of Mr. Ruifel, of Barnftable ; and that his 
information vvas derived from original autographical 
writings, which he had found among the papers and 
manulcriptspref-rvedin the Mather library^ in Bofton, 
and which the reverend Samuel Mather, of Bofton, had 
obliged him v/ith the perufal of. The reverend Samu- 
el Mather married Governor Hutchinfon's fifter. He 
was the only fon of the reverend Do6lor Cotton Ma- 
ther, author of the ?vlagnalia Americana, who had been 
long aflidiious in collecting original information from 
all parts of the country for tliat work. A moft valuable 
coileaion of ManuilTipts from the reverend Richard 
Mather, ofDcrchcfter, Decior I ncreafe Mather, and 
Doctor Cot'.cn Matlier, defcended and came into the 
hands of Mr. Samuel Matlier, brother-in-law to Go- 
vernor Hutchinfon. This f;;.mlly connexion opened 
^W this treafury of hiftorical information to the Govern- 
or. Here he 'found GofFe's original Diary, or Journal, 
ior fcven years, written in feveral pocket volumes, and 
<d{o a number of Goffe's letters to hisv/ife. But nei- 
liier the Gcvcrnor nor the pofiefibr knew how they came 
into the Idather library. 

That they came from the RuiTel family, and from 
the B*irn(tabic colle6licn, I do not doubt ; as the libra- 



or KING CHA-RLES I. 99 

ry of the Hadley RulTel had been removed to his fon's 
at Barnftable, foon after 1692, before Do6lor Cottpn 
Mather began to write his hiftory, and ten years before 
the publication of the MagnaHa. I do not believe the 
Hadley RuQel would have fiifFered them out of his hands 
in his life time. If Cotton Mather came acrofs them 
Avhile \vriiing, he for fome reafons never made ufe of 
them, as nothing of them appears in his works. Doc- 
tor Cotton Mather, as well as his father, Doftor In- 
creafe Mather, was intimately acquainted with all the 
Ruifels, and doubtlefs from them received the manu- 
RTipts. But I am incUned to think that they never 
difclofed thefe manufcripts to Mather, till death had 
put every one out of danger. Probably Mr. Ruffei 
lentthem to one of the Math'ers, about 1715 or 1720, 
for Governor Hutchinfon fpeaks of them as of the col- 
lection of Doctor Increafe Mather, who died, 1724, 
as did Do6lor Cotton in 1727, when they came into 
his fon Samuel's hands, and lay unnoticed till Hutch- 
infon delivered an extract IVom them to the public, 1 764, 
But it feems they were but few, and a very fmall part 
of a larger colledlion, which may poilibly be yet re- 
maining in the trunk at Barnftable. Thofe which the 
Governor had, I have before obfer ved, v/ere lolt when 
his houfe Vv-as deftroyed at the time of the Stamp A6>. 
Thus far the hiftory of the Judges' manufcripts I thought 
belt to infert. 

When I once faw one of the pocket volumes of 
GofFe's .Journal for 1662, which Hutchinfon fhewed 
me in 1766, I little thought of the ufe I could now 
have made of ir. As the original is loft, I regret that 
I did not extradl and copy more of it, v.hile in my 
poiTeffion, than this little I'cliil:. In tl.e beginning of 
it was the following lift of names, which I then conted. 



" Ifaac Ewre, 
S. F. Banners, 
S. T. Malevern, 



rureioy, 
I. Blackftone, 
S. W. Conftable, 



iQp^ HISTORY OF -THR 

S. G.. Norton, 

T. Anctevs, 
A. Sfcley, 

T.^Horton, 

T. Idainmond, 

S. I .Boiirchier, alldeceajed. 



0. Cromwell, 
Ireton, 

■ Bradiliaw, 

* Pride. 

Wm. Ld. Monfun, 
Ja. Challoner, 
Sr. li. Miidmay, 
S, J. Harrington^ 

1. Phcln^;, 
Robert \Vale, 

Sr. A. Hailerig.— / Chal- 
loner ancl Sr. A. Hajle- 
rigy dead ; the other five 
are degraded, and ivhen 
taken to h^ dra.wn from 
''Tower to Tiburne zvith 
ropes, tfc. and impri- 
foiled during life. 

I. Lille, 

W. S:ns 
V. Waitor., 



EE OF THE... JUDGES 

E. W^ — -, 

J^ Barksd. ^ 
E. Ludlow, 



M. Le 



ulay. 



J. Okey ^^ 
j. Hewfon, 

W. G , 

C. Holland, 
T. Chattr. 
M. Corbett, * 
W. Cawley, 
N. Love, 
y. Dixwell, 
b. Blagrave, 
A. Brougton, 
A. Dtndy.—Fled. 



J. PenniiigLon, 
R. Tichboiirne, 
O. Row,* 
A. Garland, 
E. Harvie, 
H. Smith, 
H. Martin, 
H. Walter, 
G. Fleetwood, 
J.TeQiple, 
P. Temple, 
J. Waite, 
S. Mayne, 
W. Henuinghuni, 
R. Lileburrie, 
G. Millington, 
V. P(yaer, 
T. Morgan, 

J. Downe;.' — Condemned ^ 
and hi the Tower T 



OF KING CHARLES I. JCI 

Hcrearegiven the name of fixty-ninc perfons ; twen- 
ty-iix of whom are dead ; five degraded ; nineteen fled, 
and nineteen in the Tower. Moft of thefe were King 
Charles's Judges, as the following Ordinance and War- 
rant for his execution, with the fignatures, will fhew. 
In the above, probably Peckham fliould be Pelhain. — 
Barks<^- Okey, and Corbet, were afterwards taken and 
executed, 1662. Morgan was not in the Tower. — 
Phelps is PbiUps. 

Ordinance for trymg the King, made January 6, 1 649. 

'^ Whereas it is notorions that Charles Stu- 
art, now King of England, not content with thefe 
many encroachments which his predecefTors had made 
On the people in their rights and freedoms, has had a 
wicked defign totally to fubvert the ancient and funda- 
mental laws and liberties of this nation, and in their 
(lead to introduce an arbitrary and tyrannical govern- 
ment ; and that befides all other evil ways and means 
to bring this defign to pafs, he has profecuted it with 
fire and fword, levying, and maintaining a crued war 
againft the Parliament and kingdom, whereby the 
country has been miferably walled, tlie public treafurc 
exhaufted, trade decayed, thoufands of people murder- 
ed, and infinite other mifchiefs committed; for all 
which high and treafonable offences the faid Charles 
Stuart might long fince juftly been brought to exem.pla- 
ry and condign punilhment : whereas alfo the Parlia- 
ment, well hoping that the imprifonment of his perfon, 
after it had pleafed God to deliver him into their hands, 
w^ould have quieted the diftempers of the kingdom, for- 
bore to proceed judicially againft him ; but found by 
fad experience that their remiffnefs ferved only to en- 
courage him and his accomplices in the continuance of 
their evil pra61:ices, and in raifing new commotions, 
rebellions and fnvafions. For preventing therefore the 
like or greater inconveniences, and to the end no chief 
ofHcer or magiltrate whatever may hereafter prefumc 

J 2 



102 HISTORY OF THREE OF ^H2 JUDGES 

traitorouily an-l malicioufly to imagine or contrive the 
cnflaving or dearoying the Englivh N^^tion, and to- ex - 
pe6l impunity for fo doing ; It is hereby ordp.ined and 
ena6bed by the Commons in Parliament, -that Thomas 
Ld. Fairfax, O. Cromwell, Hcnrv Ireton, Efqrs. Sir 
H. Waller, Philip Skippon, Val. Wahon, Thomas 
Harrifon, Edward Whalley, Thomas -Pride, rfaac 
Ewer. R. ingdldflr/, Mildmay, Efqrs, Thomas Mo- 
K:yv./ood, Thomas Ld. Grey cf Grooby, Philjp Ld. 
Liile, vYilliam Ld. Mounfon, .Sir J-ohn Danver^ . Sir 
Thomas Maleverer, Bart. Sir John Bonrcheir, Sirjam^-S 
Harrington, Sir William AlenH^n, Sir Henry Mild- 
may, Sir Thomas Wroth, Knts. Sir WilUam Mafham, 
Sir J. Barrington, Sir William Brereton, Barts. Ro- 
bert Wallop, William Havcningham, Efqrs. Ifaac 
Pennington, Thomas Atkin?, Bowl 'Wilfon, ^Ider- 
ineu ofXondon, Sir P. Wentworth, Knt. of the Bath, 
Henry Martin, William Purefoy, Godfrey Rofvil, 
John'Trenchard, H. .Morley, John Barkftead, _^f at. 
ThomJJnfon, John Blackifton, Gilb. Millington, Efqrs. 
Sir William Conftable, Bart. Edmond Ludiov%^., John 
Lambert, John Hutchinfon, Efqrs. Sir A. Haiierig, 
Sir Miclviel Livefey, Bart. Richard Sahvay, H. S.il- 
v^y, Robert Titchbiun, Owen Roe, Robert Manwaring, 
P.oDert Sdbnrn, Adr. Scroop, Richard Dean, John 
Okey, Robert Ov^erton, Johii Hevvfon, John Defbo- 
row, William Goffe, Robert Diickenheld, -Cornelius 
Holland, John Careu, Efqrs.. Sir William Armyn, Bart. 
John Jone^, Miles Corbet, F. Allen, Thomas Lifter, 
Benjamin Wellon., P. Pelhara, J. G.onrdoa, Efqrs. Fr. 
Throp, feriemtat law, John Ni't, Thomas Ghaloner, 
Ax Ige non "Sidney, John AMlaby, John Mare, R. Dar- 
ley, \¥illiam Say, John Alured, John Flagg, James 
N'ehhorp, Efqrs. Sir William Roberts, "F. LafffeLs Alex- 
ander Rigby, H-^nry Smith, Edmund Wild, James 
Chidv)ner,, Jofias Berners, D. Bond, fiumphrey Ed- 
ward^", Greg. Clement, John Fry, Thomas Wogan, 
Efq. Sir Gi'C'^. Norton, Bart. John Bradihaw, ferjeant 



OF KIN® CHARL'ES t. tO;^ 

at law, Edni. Hervey, J. Dave, J. Ven,*Efqrs. J. 
Ff^-^^vle^, Thom?.«. Andrews, aldermen of London, 
Thomas Scott, V/illiam Cawlcy, Abr. Biirrel, Ant. 
Stapeley, Ro. Gratwick, J. Downs, Thomas Horton, 
Thomas Hammond, 'Geo. Fenwick, ECqrs. Robert 
NiccAa';, ferj. St law, Robert Reynolds, John Lifle, 
Nic Love, Vine. Potter, Efqrs. Sir Gilbert Picker- 
ma:^ B^rt. John^ Weaver, Rog. Plill, John Lenthiall, 
Efqrs. Sir Edward Buinton, John Corbet, T homas 
Bhjnt, Thomas Boone, Aug. Gai'land, Ang. Skinner, 
Jt.^hn Dix well, George Fleet vvood, Sim. Mayn.e, James 
Temple, Peter Temple. Daniel Blagrove, Elqrs. Sir 
Peter Temple. Bart. Thomas Wayte, John Brown, 
John Lowry, Efqrs. are hereby appointed and required 
to be Commiiiioners and Judges for hearing, trying, 
snd adjudging the faid Ch.^rles Stuart, And the faid 
Commiilioners, or any twenty or more of them, are 
authorized and conftituted a High Court of J.uitice, to 
meet and fit at fuch convenient time and place, as by 
the faid Commiilioners, or the major part of twenty or 
more of them, under their hands and feais fliall be no- 
tined by public proclamation in the Great Hall, or 
Palace Yard at Wefiminller, and to adjourn from time 
to time, and from place to place, as the faid High 
Court, or major part thereof, iliall hold fit : and to 
take order for charging him, the faid Charles Stuart, 
with the criisies and tre.ifons a;bove mentioned ; and 
for recurving his perfonal anfwer thereto ; and for ex- 
amining viatneifes upon oath, which the Court has 
hereby authority to adminider, and taking any other 
evidence concerning the fame : and tliereupon, or in 
default of fuch anfwer, to proceed to final f.ntence, 
according to juftice and the merit of the caufe, and 
fuch filial fentence to execution, or caufe to be ex-- 
ecuted, fpeedily and impartiuily. A.nd the hid Court 
is hereby authorized and required to appoint and direct 
all fuch officers,^ attendants, and ^ther circumPcances^ 
as they, or 'the majbr part of them, fhali- in any fert 



lOi. HISTORY OF THREE OF THE jUDGTiS 

judge necefTary or ufeful for the orderly and good ma* 
naging the premifes. And Thomas Ld. Fairfax, the 
General, and all officers and foldiers under his com- 
mand, and all officers of juftice, and other well afFe6t- 
ed perfons, are hereby authorifed and required to be aid- 
ing and affifting to the faid Court, in the due eKecution 
of the trufl hereby committed. Provided that this a6l, 
and the authority hereby granted, continue in force 
one month from the making hereof, and no longer." 

\_RuJhworth's ColleSiion. VoJ. 6. 562. 

At the High Court of yujilce for the trying of Charles 
Stuart, King of England, January 2()ih A. D. 1648. 

Whereas Charles Stuart, King of England, is and 
Handeth convi6led, attainted, and condemned of high 
trcafon and other high crimes, and fentence was pro- 
nounced againft him by this Court, to be put to death 
by the fevering of his head from his body, of which fen- 
tence execution yet remaineih to be done : Thefe are 
therefore to will and require you to fee the f^iid fentence 
executed, in the open itreet before Whitehall, upon 
the morrow, being the thirtieth day of this inftant, month 
of January, between the hours often in the morning 
and five in the afternoon of the fame day, with full ef- 
fe6l. And for fo doing, this ihall be your fufficient war- 
rant. And thefe are to require all officers and foldiers, 
and other the good people of this nation of England to 
be ailifting unto this fervice. Given under our hands 
and feals. 
To Colonel Francis Hacker, Colonel Huncls^ 

and Lieutenant-Colonel P hay re, and to 

every of them, 

JohnOkey, (l.s.) 

J. Dauers, (i-.s.) 



John Bradfhaw, (l.s.) 

Thomas Grey . (l.s.) 

O. Cromwell, (l.s.) 

Edward Whalley, (l.s.) 

M. Liveiey, (l.s.) 



John Bourchier, (l.s.) 
H. Ireton, (l.s.) 

T. Mauleuerer, (l.s.) 



OF KING C 



Har. Waller, 
John Blackifton, 
f ohn Hutchinfcn, 
William Go^^, 
Thamas Pride, 
P. Temple, 
T. Harrifon, 
J. Hewfon, 
Hen. Smyth, 
Per. Pelhan], 
Ri. Dearie, 
Robert Tichborne 
H. Edwards, 
Daniel Blagi-ace, 
Owen Rowe, 
Vvilliam Purefoy, 
Ad. Scrope, 
James Temple, 
A. Garland, 
Edm. hud 



low. 



(l.s.) 
(l.sO 

(l.S'.) 

(L.SJ 

(L.S. 

(L.S.) 

(L.S.) 

(L.S.) 

(L.S.) 

(L.SJ 

(L.S.) 

(L.S.) 

(L.S.) 

(L.S. 

(L.S.) 

(L.S.j 

(l.s.J 
(l.sJ 
(l.s.) 
(l.eJ 
(l.s.) 
(l.s.) 



HAHLES I. 

William Gavvley, 
J<^hn Barketead, 
Ifaac Ewer, 
John Dixwe!], 
Valentine "Wanton, 
Syrnon Mayne, 
Thomas Plorton, 
J. Jones, 
John Pcfine, 
Gilbert MilUngton, 
G. Fleetv/ocd, 
I, Mured, 



Rohzxt LUeburne, 
'William Say, 
Anthony Stapley, 
Gre. Norton, 
Thomas Challoner, 
Thomas Wcgan, 
John Downes, 
Thomas Wayte, 
Thomas Scott, 
John Careo, 
Miles Corbet, 



ro5 

(l.s.)' 

(l.s.) 

(L.s ) 
(L.S.) 

(L.S.) 
(L.S ) 
(L.S.) 
(L.S.) 
(L.S.) 

(l.s) 

(L.S.) 

(l.s.) 
(l,s.) 
(l.s.-) 
(l.s.) 
(l.s.) 
(l.s) 
(l.s.) 
(l,s.) 

(L.S.j 
(L.s.) 

(L..S.) 



Henry Marten, 
Vin6l. Potter, 
William Conftable,(L..s) 
Richard Ingoldefb)i.,(L.s.) 

The original fignatnres are in fsven columns : Brad- 
ihaw (lands at the head of the fiifi column ; Lin fey the 
fecond ; Waller, Smith, Garland, Ivlayne, Wogan, 
at the head of the fucceeding ones. Fifty- nine figned 
the warrant, out of feventy, who fat at the .beginning of 
the trial, and a&ewaids withdrew before giving judg- 



ment. 



So 



names in Go9e's Wu. are not in this.-—. 



Others befides the Judges were comprehended under 
the accufation and title of regicides,- — "the number of 
whom, including the ofScers of the Court, and others 
immediately concerned, amounted originally to four 
fcore. Ofthefe, tvventy-five were dead ; twenty-nine 
or, twenty -feven had elcaped from the kingdom \ fevea 



106 HISTORY OF THREE OF THE JUDGES 

were deemed proper obje6LS of the King's mercy; twen- 
ty-nine received fentence of death, but nineteen were 
reprieved during the King's pleafure, becaufe they had 
furrendered themfeives according to the proclamation. 
The ten devoted to immediate execution were, Harri- 
fon, Careu, Cook, Peter?, Scott, Clement, Scrope, 
Jones, Hacker and Axtei." [^SmoUet, V. 5.350. 

This was 1660. In 1662, Barketead, Corbet and 
Okey, and a little afterwards Vane and Lambert, were 
alfo condemned and executed. This was the (late of 
inform.ation at the time of GofFe's entries in his journal 
of 1662, v/hich contain fome others befide Judges \^\gn- 
ing the warrant, and not all thofe ; as it contains Judg- 
es who fat during part of the trial, butdid not fign, and 
fome that were not Judges, but were accufed and con- 
demned, as Phelps and Wale. GofFe's 11(1:, however, 
fhews that he had pretty juft inform.ation, as to the 
number in 1662 dead ; the number vfhofe aihes were 
to be diflionored ; thofe adjudged to perpetual imprifon- 
ment, who were fled, and in the Tower. Enough to 
fhew Whalley and Goffe what would be their fate if ta- 
ken. This information they received vv^hile at Milford. 
Of the firft ten executed, fix only were Judges, Coke 
was follicitor at the trial, Peters a clergyman. Hacker 
and Axtel Colonels at the execution : neither were 
Vane or Lambert Judges . The bodies of Bradfhaw, 
Cromwell, Ireton and Pride, were taken up at the 
Reftoration, and hung and buried under the gallows. — 
Thefe are in the fecond divifion. Of thofe in the third, 
two were dead ; but the reafon why feparated from 
others dead is not obvious. It is to this day problema- 
tical, and can never be afcertained, whether the bodies 
of Bradfhaw and Cromwell were adiually taken up and 
diihonored at the Relloration. It is in lecret tradition 
that Bradfhaw was conveyed to Jamaica. His Epi- 
taph is defcriptive of him, and full of fpirit. In a pub- 
lic print of 1775, it was faid " The following infcrip- 
tion was made out three years ago on the cannon near 



OF KING CHARLES I. IO7 

which the afhes of Prefident Bradfhaw were lodged, on 
the top of a high hill near Martha Bay in Jamaica, to 
avoid the rage againft the regicides exhibited at the Ref- 
t oration : 

STRANGER, 

Ere thou pafs, contemplate this Cannon. 

Nor regardlefs be told 

That near its bafe lies depofited the duft of 

JOHN BRADSHAW, 

Who, nobly fu per ior to all felfilh regards, 

Defpifmg alike the pageantry of courtly fplendor. 

The blaft of calumny, & the terrors of royal vengeance, 

Prefided in the illuftrious band of Heroes and Patriots, 

Who fairly and openly adjudged 

CHARLES STUART, 

Tyrant of England, 

To a public and exemplary death. 

Thereby prefenting to the amazed w^orld. 

And tranfmitting down, through applauding ages. 

The moil glorious example 

Of unikaken virtue, love of freedom, and Impartial 
Juftice, 

'Ever exhibited on the blood-ftained theatre of human 
adtion. 

,_ _ O, Reader, 

fioijife^* not on till thou had bleiled his memory : 
4q3f hitL . And never, never forget 

i%AT%EBELLION TO TYRANTS IS OBE- 
J...-.- DIENCETOGOD. 



loH HISTOiiV OF THREE OF TlfE JUDGES 

There are no other anecdotes v/orthy of prefervrjlion 
ccncerning thefc tv^, o perfons during their reiidence at 
New-Haven r.nd Miltbrd. We ihall therefore now 
follow them in their pilgrimage to Fladley. 

On the 13th of Oclober, 1664, they left Milford, 
and proceeded in this excurfion. I fliall fuppofe tliat 
the firfl night they came over to New- Haven to their 
friend Jones, though of this there is no tradition, as 
there is of their making a lodgment at Pi Igrnns Harbor, 
fo called from them, being twenty miles from New- 
Haven, at a place fince called Meriden, half way be- 
twecH New-Haven and Hartford. Here they might 
reft and ledge one day, and the next night proceed to 
Hartford, and the night following at Springfield, and 
the fucceeding night reach Hadley. Eut of this I find 
no tradition, faving only, that in their rout to Hadley 
they made one ftation at Pilgrims Harbor. 

Being arrived at Hadley, they took up their abode at 
the Houfe of the reverend Pvfr. RufTel. At this houfe, 
and at the houfe of Peter Tilton, Efq. they fpent the 
reft of their lives, for fourteen or iixteen years, in drea- 
ry foiitude and feclufion from the fociety of the world. 
The almoft only important anecdote that tranfpires con- 
cerning them in this fee reted abode, was that oi the angel 
appearance there, which is preferved to this day in the 
tradition at New-Haven and Hadley, as well as in Go- 
vernor Leverett's fsm.ily : and aifothat one or both died 
at Hadley, and thatWhaliey was buried in Mr-r- Ruf- 
fel's cellar, or lot adjoining his houfe, alfo as current 
at New-Haven as Hadley. 

They came to Hadley O61;ober i66j, and Whalley 
died there about 1676, or 1678, and Goife's lalUetter 
is April 2, 1679, and no more was heard of him after 
1680. Soon after their arrival at Hadley, johnDix- 
we1l, Efq. another of Charleses Judges; 'cstmeta them, 
in February 1664 — 5, and fojourned with them in their 
fjcrecy for fome lime. 



X)T KING CHARLES t. ICQ 

T^hough told with fome variation in difTcrent parts of 
Wew-England, the true uory of the Angel is this : — • 
During their abode at Hadley, the famous and mofi: 
memorable Indian v/ar that ever was in New-England, 
called King Philip's War, took place, and was at- 
tended with exciting an univerfai rifingofthc varions 
Indian tribes, not only of Narraganfet and the Sachem- 
dom of Philip, at Mount- Hope, or Briilol, but of the 
Indians through New-England, except the Sachem- 
dom of Uncas, at Mohegan, near New-London. — ■ 
■Accordingly the Nipmug, Quanbang, and northern 
tribes were in agitation, and attacked the new frontier 
towns along through New-England, and iiadley amon'^ 
the red, then an expoled frontier. That pious con- 
gregation were obferving a Fall at Hadley on the occa- 
iion of this war : and being i.t public worihip in the 
meeting-houfe there on a Faft day, September i, 1675, 
were fuddenly fiirrcunded and furprized by a body of 
Indians. It was the ufage in the frontier towns, and 
even at New-Haven, in thcfe Indian wars, for a felect 
number of the congregation to go armed to public wcv^ 
(hip. It was fo at Hadley at this time. The pv^or^.le 
immediately took to their arras, but were thrown into 
great coniiernation and confullon. Had Hzdhy been 
taken, the difcovery of the Judges had been inevitable. 
Suddenly, and in the midft of the people there appear- 
ed a man of a very venerable afpe.dt, and different from 
the inhabitants in his apparel, v/ho took the command, 
arranged, and ordered them in the befl military man- 
ner, and under his diredlion they repelled and routed the; 
Indians, and the town was faved. FIc immediately 
vanifned, and the inhabitants could not account for the 
phoenomenon, but by confideriag that psrfon as an 
Angel fent of God upon that fpecial occadon for their 
deliverance ^ and for fome time after faid and believed 

that they had been delivered and favcd by an Angel. 

Nor did they know or conceive otherwife till fifteen or 
twenty years after, when it at leneih became known at '^^ 
K ^ ' 



no HISTORY OF THREX OF TH% JVDGtS 

Hadley that the two Judges had been fecreted there ; 
which probably they did not know till after Mr. Ruf- 
fers death, in 1692. This flory, however, of the An- 
gel at Hadlry, was before this univerfally difFufed thro* 
Ney/-England by means of the memorable Indian war 
of 1675. The myftery was unriddled after the revolu- 
tion, when it became not fo very dangerous to have it 
known that the Judges had received an afylum here, 
:ind that GofFe was adually in Hadley at that time. — 
The Angel was certainly General GoiFe, for Whalley 
was fuperannuated in 1675. 

Although they were fecreted at Hadley, yet while 
there, they were in jeopardy. Public enquiry was 
made after them particularly at two different times, one 
in 1665, and the other by Randolph, who probably 
gained fome fulpicious notice of them before their death, 
as being fecreted fomewhere in MaiTachufetts. I have 
already fhewn that one of the inftru6lions from the 
Crown to Colonel Nichols and the other Commiffion- 
crs in May 1665, the year after the removal to Hadley, 
reipeded the concealment of thefe regicides ; to which 
the AlTerabiy replied, that they had departed from their 
jurifdidion before the proclamation arrived, and that 
they had fent Kellond and Kirk after them to New- 
Haven. Edward Randolph, Efq. was fent from Eng- 
land with the mod malicious purpofes againft the coun- 
try, as preparatory to the refum.ption of charters, and 
the alteration of its whole civil and religious pohty. He 
was a fubtil, fenfible and affiduous I nquifitor- General 
over New-England, and moil: indefatigabl eand induftrl. 
ous in procuring and collecting information of every 
thing in the public affairs here, which might be wrought 
jip into a fyitem of accufation againfl the colonies, as 
a ground and reafon to juftify the intended abolition of 
charters, and for fhev;^ing the neceffity of ere£lingthe 
'arbitrary general government of Sir Edmund Androfs, 
Randolph undertook the dirty and ividious bufinefs of 
aciing the fpy and informer upon all New- England — 



OF KING CHAIRLES I. Ill 

and fuch was his indefatigable induftry and refearches, 
that it v/as next to impoffible that any thing fhould 
cfcape his detection. Randolph was the meffenger of 
death to New- England, being fent to MalTachufetts 
with his Majefty's letter of March lo, 1675 — 6. 

Randolph came over firft in 1676. He went home 
repeatedly, carrying accufations, and returned to New- 
England in 1678, 1679, 1681, when he returned col- 
le6lor of the cuftoms, furveyor and fearcher for all 
New-England ; and in 1683, when he came with in- 
il:ru6tions to inquire for Gofte and Whalley, not know- 
ing that they were both dead at that time. In 1684, 
the Governor gave him fuch anfvver of his ignorance 
concerning them, and the probability of their having 
gone from Maiihados to Holland, as filenced all fur- 
ther fearch and inquiry ; efpecially as it may be pro- 
bable the infidious Randolph now became vvell fatisfied 
that both were dead. Thus the Judges were in immi- 
nent danger from Randolph during the two or three 
lafl years of their hves : and theyhadreafon to fuppofe, 
could the places of their deaths be knovvn, their afhes 
would be difhonored, as were thofe of Bradfhaw and 
others : for Whalley efpecially was confidered as ob- 
noxious as any of the Judges. It is true Whalley was 
paft being affected with any fuch apprehenfions, if alive 
at Randolph's acceffion ; he was. already fuperannuated 
in 1674, as appears by Goffe's letter of tha\ date to his 
wife. But Goffe and Dixwell mJght juftly entertaia 
fuch apprehenfions from the malevolence and virulence 
of Randolph, whofe memory, vvith that of Sir Edmond 
Androfs, has been accurfed through New-England ts> 
this day. 

The Judges led fo reclafe and concealed a life at 
Hadley, that we have but few anecdotes concerning 
them there. They were certainly well fupplied with 
means of fubfiftertce to the end j partly from Europe, 
^d p artly by fecret friends- here. Richard Saltoafbll, 



112 HISTORY OF THREE OF THE JUDGES 

Efq . wheti he went to England, 1672, prefented them: 
with^/50. at his departure, and they received donations 
from ieveral others, but doubtlefs yjtry confidentiaily. 
peter Tillton, Efq. was a member of Aiiembhy from 
HadJey, and a Magiftrate : he was often at Bofton du- 
ring the fefiions of AlTembly, and through his hands do- 
jiations might be fafely and fecretly made, as he was 
all along in the fecret, and the Judges fometimes refi- 
ded at his houfe. His letter of 1672 will give feme 
ideaof his piety. In 1680, Richard Saltonftall, Efq. 
fon of Sir Richard, returned from England, and was 
again chofen hrft affiftant, and fo the two iucceeding 
years. He went back to England before 1683, and 
died there 1694, So that at the period of Randolph's 
inquifition for the regicides, there were at leaft three in 
the council who were privy to their fecretion, viz. Go- 
vernor Leverett, Mr. Saltonftall, and Mr. Tilton, and 
perhaps more. Indeed^Governor Leverett died 1678, 
and Mr. Saltonftall was abfent in England 1672, but 
Mr. Tillton v/as on the ground, and kept the fecret 
from Randolph. Indeed all New-England were their 
friends, although they did not wifii to be too knowing 
about them. They did not view them as traitors, but 
2S unfortunate fufFerers in the noble caufe of civil li- 
berCy, proftrated by the Refloration, and again loft and 
overwhelmed in a return and irrefiftible inundation of 
tyranny. T'key no more confidered therafelves as pro- 
testors of rebels, than England did in prote6ling the ex- 
iles from Germ.any at the Reformation, and the refu- 
2:ees from France at the revocation of the Edict of 



Nuntz 



The Judges might havs fome other fecret retreats and 
temporary lodgments : I have heard of two more with- 
in ten miles round New-EIaven, but not with fo per- 
fect certainty. The one about four miles from Milford, 
on tlie road to Derby, where an old cellar remains to 
this day, faid to have been one of their reclufes. Thi* 
is i©«^led George's Cellar, from one George wha aftcc- 



OF KING CHARLES I. 113 

wards lived there. The other at Derby, en the eaft- 
ern bank of Neugitiick river, at a place then called 
Pavrgalett, and near the church. Madam Humphreys, 
confort of the reverend Daniel Humphreys, and mother 
of the honorable Colonel Humphreys, the AmbalTador, 
was a Riggs, and a defcendant of Mr. Edward RiggJ^, 
one of the firfl fettlers of Derby, between 1655 and 
1660. She often ufed to fpeak of it as the family tra- 
dition, that the Judges who fometimes fecreted them- 
felves at the cave and in Sperry's farm, aifo for foms 
time fecreted themfelves at Derby, in the houfe of her 
grandfather, Mr. Edward Riggs ; whofe hcufe was 
forted or pallifadoed in, to fecure it from the Indians ; 
there being, 1660, perhaps fewer than half a dozea 
Englifh families there in the woods, ten or a dozen 
miles from all other EngUfli fettlements, and they all 
lodged in this forted houfe. Certainly this was a good 
and fafe reclufe. They might probably fhift their refi- 
dences, efpecially in the dangerous fummer of 1661, to 
difappoint and deceive purfuivants, and avoid difcovery. 
This tradition is preferved in the Riggs and Humphrey 
ifamilies to .this day. 

^ General V/halley died at Hadley certainly after 1674, 
probably about 1678. And General GofFe is to bs 
heard of no more after 1679. Other circuy Usances 
concerning them will occur in the 4th chapter. I 
ihail therefore fubjoin here only Tillton's letter 1672, 
and a long letter of Gofte"s to his wife, by the name of 
IMother Goidfmirh, in 1674 \ and then proceed to the 
hiltory of judge Dixwell. 

Capy of a Letter from Mr. Pefer.TiUtQn to his JVfe 
at Hadley. 0^ 

Bofton, 18 7/72^. 1672. 
llDearJFife^ 
" THIS opportunity gives occafion of thefe lines ; 
we have had a qui^t and peacable eleclion, no altera- 
tion or additioii. Q what a price doih Divine Patience 
K 2 



IIJ- HISTORY O? THREE OF THE JUDGES 

yet bctroPt us with, when he is drawing out the f\vord 
and arraying himfelf with the garments of vengeance as 
to other kingdoms^ and when it is more than probable 
many garments are tumbUng in blood. As to the news 
from England, all men, both v/ife and others of more 
Oi jhiary c;:p2cities, look on the eitecl or produce cherc- 
of will be as bhick a day in the world, as the worli 
hath known. The late actions in England in coramif- 
fioning their fleet to feize and fall on the Hollanders, 
of which I wrote you in m.y laft, breaking their league, 
joining with the French, affiuing them with fokliers 
out of England, and with their piincipal harbors to re- 
ceive a numerous army, and flmtting up the e>;i:hcquer, 
whereby many are oulcd of their efta^es contrary to all 
hvy are things that both in England and here, by men 
of aU forts, are looked upon as llrange, horrid, and 
ominous. There is another iliip expected, one Jonas 
Clarke, if not (lopped by the embargo or otherwife, in 
which one Dr. Hoare, a miniftcr, is expected. Re- 
ir.ember me to mine and thine, v^ith my love to all with 
yon. I cannot ibrget you before the Father of Spirits 
Kigut and day. The good will of Mim that dwelt in 
'the buili be with you, caufs his face to fliine upon you 
ail, and give you peace. So prayeth ftill 

Yours unieignedly to love, 

Peter Tillton." 

€.:t'y of a Letter from WUluini Goffe, to his IVife, 

'' Moft dear and honored Mother y 

*' On the 23d July I received yours of the 29 March 
1671, with the enc'lofed that ihonld have come lail 
year^ hoping you tmve alfo by this time received mine 
of the 2 1 ft May 1^ which inform^s you how it was 
then with myfelf and your old friend Mr R, \JVhalley\ 
and that I wrote largely to yourfelf and dear Mrs. 
Janes, in O'flob^r laft, which I perceive you have not 
received, which I am very forry for ; but it hath been 
a 'jreat mercy tliat all my former leitcrs came fafely to 




work to love the lord Jelus in finceiily, and love one 

anoiher dearly for Chnft's fake, and to carry it v.iih 



ir/. HISTORY or THREE OF THE JUDGES 

yet betruPc us with, when he is drawing out the r>vord 
^nd arraying himfcif with the garments of vengeance as 
to other king-Joins, and when it is more than probable 
many garments are tumbUng in blood. As to the news 
from England, all men, bolli y/ife and others of more 
ordinary capacities, look on the eitecl or prodacecher-- 
of will be as black a day in the world, as the world 
hath known. The late actions in England in coramif- 
Honing their fleet to feize -Lui fall on the HollaHders, 
of which I wrote you in my iafr, breaking their league, 
joining with the French, affiuing theni with foldiers 
out of England, and with their pnncipal narbors to re- 
ceive a numerous army, and ilnitting up the e>^chequer, 
whereby many are oiited of their efta^es contrary to all 
law, are things that both in England and here, by men 
of ail forts, are looked upon as ilrange, horrid, and 
ominous. There is another ihip expecfed, one Jonas 
Clarke, if not (lopped by the embargo or otherwife, in 
•which one Dr. Hoare, a minifter, is expected. Re- 
member me to mine and thine, with my love to ail with 
you. I cannot forget you before the Father of Spirits 
night ancf day. The good will of liim that dwelt in 
'the bulTi be with you, caufs his face to fliine upon you 
all, and give you peace. So prayeth iiill 

Yours unieignedly to love, 

Peter Tillton.'^ 

i'5t>y of a Letter from JVilUam Goffe, to his Wife, 

'* Mcfl dear and honored Mother y 

*' On the 23d July I received yours of the 29 March 
16'^ -1, with the enclofed that ihould have come la(l 
y-ar^ hoping^ you have alio by this time received mine 
ef the 2 1 ft May lii| which inform.s you how it was 
then with myfelf and your old friend Mr R. \_lVhalley] 
and that I wrote largely to yourfeif and de:ir Mrs. 
Janes, in O'flober la(t, which I perceive you have not 
received, which I am very forry for ; but it hath been 
a -rcat ni'srcy that all my former letters came fafely to 



^1 I ■ Lod^/fienU g/"^ Judge; 




ot 



jane?, in OccoDsr Tail, wni 

received, which I am very Ibn-y For ; but it hath been 

a -rcat insrcy that ail my former letters came f.itely to 



OF JCING CHARLES t^ II5 

vour hands, and as for thofc, knowing the hazard of 
tlieir mifcarriage by reafon of the wars, I kept the co- ' 
pies of them, and for your further fatlsfaclion I have 
ii2/an iranfcribed, that you may fee I was not iinmind- 
iiil in my duty in writing to you and anfvveiing your 
ciefire of my advice concerning my fiuer Fr. [ his daugh^ 
tcr Frances] of whofe difpoial in marriage yon have 
now given aic the account, fo far as you conceive you 
could, and I believe are k:>nging to- underiland my 
thoughts of it. Dear mother, you are pleafed to fay 
well, that you gave me an account how it hath pleafed 
the Lord to diQoofe of her, &c. It is indeed the Lord 
who is her heavenly father, that hath difpofed of her 
and provided this hufband for her, and therefore, tho' 
he be unknown to me, I do believe he is the ntteft per- 
fon in the world for her, and that {}\q likev/ife is the 
moil meet help for him. I remember in a former let- 
ter to yourfelf, when vou deHred my thoughts in a mat- 
ter concerning her, I told you I was confident the Lord 
would take care of her and in due time provide a huf- 
band for her, and x\o\\' he hath done it, fiiali J quedion 
whether he hath done it well ? No, I dare not do it. 
It is a great fatisfadiion to iPiC that you fought the Lord, 
and took advice of our dear and chriilian friends, and 
that my lifter was guided in her choice by yourfelf and 
them, and deHre vv'ith you to blefs the Lord that hath 
provided fo well for lier, and ihall not ccafe to pray 
night and day on their behalf, that the Lord will be 
pleafed to make them great blefiings to each other, and 
that this new condition may be every v/ay and always 
comfortable to them both, for as you very truely fay, 
it will be as the Lord ihall be pleafed to make it. I 
pray remember my mofi tender and af-re6Lionaki love 
to them both, and tell them that I greatly long to fee 
them ; but hnce that cannot be at prefent, you rqay 
aiu:re them that whilil; they fhallmake.it treir great 
w^ork tolove the lord Jefus in fincciity, and love one 
anodicr dearly lor Chriit's hike, and to carry it with 



Il6 HISTORY OF THREE OF THE J^-UDGES 

fender love and dutiful refpe£t to yourfelf, I fliallefteem 
it my duty to love and pray, and aft faith for them as 
if they were my own children, being not otherwife able 
at this diaance to be helpful to them. Dear mother^ 
that yourfelf and all friends did fo well approve the 
match gives much content to my heart, and I befeech 
you not to give way to any recoilings that may arife in 
your own fpirit ; do not fay, as to the world, my filler 
might have done much better, the Lord knows what is 
beft for us and ours ; it may be that which we may 
think would have been better might have proved much 
worfe. Thefe are dying times, v^^herein the Lord hath 
been and is breaking down what he hath built, and 
plucking up what he hath planted, and therefore it is 
not a time to be feeking great things for ourfelves. Let 
us read the 45th chapter of Jeremiah, and apply to our 
felves what the Lords fpeaks to Baruch, and account it 
a great mercy if he give us our lives for a prey, and 
bring us again to fee the faces one of another with com- 
fort. The things that Baruch is dehorted from feeking 
■were worldly things, why then are they called great 
things ? Surely the Lord fpeaks it only according to tlie 
elleem that we are too apt to have of them, for the 
world's great things are indeed and in truth but poor lit- 
tle things, and the faints fhould look down upon theiA 
with contempt, and fhev/ themfelvesto be of high raif- 
ed fpirits, feeking things tiuly great, as oar Lord him- 
felf doth exhort us, Malt. 6. 33"^ But feek you firft the 
kingdom of God and his righteoufnefs, as if he faid, for 
they are great things, wortiiy your afFe6iionate endea- 
vors, and as for all tliefe little tilings which Gqntilcs ib 
€arnellly purfue, they ftall be added i.mto you fo far ik 
your heaV'-nly Father knoweth that you have need'^^' 
them. My poor filter begins her houlekeeping, at a 
time wjien trading is low, and all provilions dc.u', and 
I cannot but pity her in that refpeeh I hope Ihe will 
not be difcouraged nor her hi;f!:)and neither, but for pre- 
Temion 1 defirethein locon'ider icnouily anitoaiUaitli 



OF KING CHARLES I, 11' 

Upon that moil: excellent counfel our Lord delivec^i 
^% ith authority in his fermon on the mount. Mat. 6th' 
from the 24lh ver. to the end of the chapter. I canno 
but be full of longings to hear how the Lord hath deal? 
ivith her in her lying in, but I doubt not you will takt 
the firfl opportunity to inform us of it, in the mean time 
1 Oiall endeavor to ilay myfelf upon the promife made 
to child-bearing womeq, i Tim. 2. 15. 

Dear mother, I have been hitherto congratulating 
my new married filler, but I niuil: now tiu-n afide to 
drop a few tears upon the hearfe of her that is deceafed, 
wliofe lofs I cannot choofe but lament wiih tears, and 
fo fliare with you in all tlie providences of God towards 
us ; bu.t my dear mother let m.e not be the occafion of 
renewing your grief, for I doubt not but you have griev- 
ed enough, if not too much already. Let us confider 
how graciouily the Lord deals v\^ith us (as for our dear 
fifler, (he is got beyond our pity, v/e need not lament 
for her fake, but rather rejoice that ihe is at reft in the 
bofom of Chrifl) who whilil he is taking from us with 
one hand, gives double with the other. He hath added 
one to your family on whom I hope you may fet that 
motherly 2fFe6iion as if he were your own fon, and I 
hope hath before this time alfo made you to rejoice in 
the fiuit of my filler's womb ; and iliall not v/e fay with 
Job, the Lord hath given, and the Lord hath taken, 
bleffed be the name of the Lord. But oh how apt arc 
we to murmur, if the Lord do in any thing difpleafe us, 
but what a fliame it wei-e that we Ih.ould be difpleafed at 
any thing which God doth ? Who are we, that we 
fliould fet our corrupt wills in oppofition to his moft holy 
snd bleifed will. It is bieiTed counfel that a reverend 
miniuer ot" the gofpel gives, v»ho has been in the fchool 
of aftii61:ion, that I lately met v/ith in *a printed book of 
his, I pray you (faith he) drink in that notion, viz. 
That the will of God being pure, holy, perfedl, yea 
Godhimfelf, fhould not only be fubmitted to, or rett- 
ed, i^, but loved £ud chgfen above all creatures, yea 



il8 HISTORY OF THREE OF THE JUDGES 

abov€ life itfelf, the bed of creatures. Would we but 
once learn this leiTon (which the Lord is, I hope, 
teaching of us by all his dealings with us) and help us 
{as you fay fweetly in your letter) to fee love in all his 
difpenfations, there could nothing come amifs to us. 

Dear mother, I perceive, wlien you wrote lad, you 
were upon a remove from thofe dear friends with whoi:n 
you then fojourned, I hope the Lord guided you to that 
motion^ and fhall tlong to hear where you fettle : in 
the mean time it is my comfort that the Lord tells all 
your wanderings, and receives all your tears into his 
bottte, and will not fail to direct all your fleps, till he 
hath given you a fafe condu6l through your wearifome 
pilgrimage, and at the end thereof open unto you an 
abundant entrance into thofe manfions that are prepared 
for you in our Father's houfe, where you fhall be at 
-reft in the bofom of Chrift for ever. 

Your old friend, Mr. R. is yet living, but continues 
iti that \7cak condition of which I formerly have given 
you account, and have not now much to add. He is 
fcarce capable of any rational difcourfe, his underftand- 
ing, memor'y and fpeech ddth fo much fail him, and 
Teems not to take much notice of any thing that is either 
done or faid, but patiently bears all things and never 
cojhplains of any thing, though I fear it is fome trou- 
ble to him that he hath had no letter of a long time from 
liis ccufm Rich, but fpeaks not one word concerning 
it, nor any thing you wrote of in your laft, only after 
1 had read your letters to him, being alked whether it 
Was not a great refrefhmentto him to hear fuch a gra- 
<:ious fpirit breathing in your letters, he faid it was none 
of his leail cotnforts, and indeed he fcarce ever fpeaks 
anything but in anfwer to queftions when they are pin 
to him, which are not of many kinds, becaufe he is 
tidt capable to anfwer th§m ; the common ^nd veiy 
■iVequerit queftion is to know how he doth, and his aii- 
iWcf, for the moft ^art, is. very well,, I praife <jod, 



OF KIN© CHARLES I, 1 19 

li^'hich he utters with a very low and weak voice ; but 
fometimes he faith, not very well, or very ill, and 
then if it be further faid, do you feel any pain any 
where, to that he alwi^ys anfwereth no ; when he wants 
any thing he cannot T,ell fpeak for it, becaufe he for- 
gets the name of it, and fometimes afks for one thing 
when he means another, fo that his eye of his finger is 
oftentimes a better interpreter of his mind than his 
tongue ; but his ordinary wants are fo well known to us, 
that moft of them are fupplied without afking or making 
figns for them, and fome help he (lands in need of in 
every thing ^u which any motion is required, having 
not been able of a long time, to drefs or undrefs him- 
felf, nor to feed, or eafe nature either way, orderly, 
without help, and its a great mercy to him that he hatb 
a friend that takes pleafure in being helpful to him, and 
I blefs the Lord that gives me fuch a good meafure of 
health and ftrength, and an opportunity and a heart to 
ufe it in lb good and neceffary a work; for tho' my 
help be but poor and weak, yet that ancient fervant of 
Chrift could not well fubfift without it, and I do believe, 
as you are pleafed to fay very well, that I do enjoy the 
ii)ore health for his fake. I have fometimes wondered 
inuch at this difpenfation of the Lord towards him, an4 
have fome expedations of more than ordinary iffue : 
the Lord help us to profit by all, and to wait with pati- 
ence upon him, till we fhall fee what end he will make 
with us. Thus far I write of myfelf, I fhall now afl^ 
him what he would have me to fay to his friends cor\- 
cerning him. The queftion being afked, he faith, I 
am better than I was. And being afked what I fhould 
fay more to his coufm R. or any other friends, after a 
long paufe, he again faid, the Lord hath vifited me in 
much mercy, and hath anfwcred his vifitation upon 
me. (I give it you in his own words.) Being defi- 
rous to draw more from him, I propofed feveral quef- 
tio?is, and the fum of his anfwers were, that he earneft- 
lydefires the continuauce of the fervent prayers] of all 



1-20 HISTORY OF THREE OF THE JUDGES 

his friends for him, nncl defires to be rernsmbere^I to 
his coufin Rich, and longs lo receive a letter from her, 
and dcfircs her to exhort her fon and daughters, his dear 
coufins, to fear God,' and to be remembered to her 
annt at Chelfey, praying that the Lord will requite ail 
her great love, as alfo to be remembei-ed to Mrs. Jaines 
and her good huiband, to whom alfo he thinks himfelf 
greatly obliged for their great love, and in particular for 
Mrs, Jaines her care of poor Nol. defiring her to con- 
tinue the fame ; as alfo to be remembered to yourfelf, 
and wiflierh Frank much comfort in her new condition, 
2nd faith he fliall not ceale to pray for you and all 
yours. This is wTitten on the 6th of A'lguil:, but I 
know not when I fliall have opportunity to lend to Bof- 
ton, it may be therefore before I fend away my letter 
I may have fomething more to add concerning him. 

Thus far I proceeded yefterday, but night com.ing 
on and having fomething elfe todo^ I could proceed no 
further, and fo laid afide my paper, intending this 
morning to finiih (if the Lord pleaied) my anfv/er to 
yours of the 29th March. But now my hrd work 
muft be to tell you that, through the great goodnefs of 
God, I did alfo lafl: night, after fupper, receive your 
welcome letter of the 8th of May (Franks birthday) 
wherein you let me know that you have alfo received 
mine of the 2d of Oftober lail, at fuch a feafon, which 
made it morerefrefliing to you, which is a great fatis- 
faftion and comfojt to me, for which I dehre to blefs 
the Lord ; but it would have been the more full if you 
had but laid, with the inclofed to dear Mrs. Jaines, 
which I have lately tranfcribed, together with your 
own, from the originals, with a purpofe to have fent 
tlicm with this, but I (hall fend neither, for I have 
good hopes that both were received, for I cannot but 
think when you complained that the door of your houfe 
was opened, if half of your goods had been taken away 
you vv^ould have made mention of it ; for your Ovvn let- 
ter was both the houfe and inventory of all the goods con- 
tained in it. 



©F KING CHARLES I. t2r 

Bear- fsaioth€r, it is alfo a great comfort toi me to hear 
that the Lord was gracioiiily pleafed to appear on mf. 
dear filler's behalt in the needful hour, and defire with 
yoii to blefs tlie Lord for that great mercy, and I hear- 
tily thank you for giving me fo quick a notice of it. 
Dear mother, it was likewife a great mercy that the 
Lord was pleafed fo far to fatisfy your defire as to fliew 
you the fruit of her womb, and to make you the joyful 
grandmother of afon,'and though it hath pleafed the 
Jvord fo foon to tranfplant him from the militant to the 
triumphant church, yet it may be a great comfort to 
yourfeif and my dear filler, that from your wombs hath 
proceeded the increafe to the myflical body of Jefus 
Chriil, and reckon it a mercy thatth« Lord beingpur- 
pofed to take him from you in his infancy, was pleafed 
(that it might be the more eafy to you) to do it beforft 
,ij; had much time to take deep root in your afFedions, for 
3 do believe the longer yourfelves and his other relations 
had enjoyed him, the harder it would have been to us 
all to have parted with him : But what fhall we fay- 
more ? It may be fuch confiderations as thefe are too 
fslfifh, it is enough to compofe the hearts of the children 
of God under every providence, to fay, it is the Lord 
that hath done it, our loving and tender hearted infi- 
nitely wife Father hath declared his royal pleafure, and 
it is our duty to fubmit to it, yea to rejoice in it (for it 
is mod m.eet he fhould difpofe of us and ours as fiiall 
|eem good in his fight) and to apply ourfelves to learn 
the leffons he would teach us thereby, and among the 
reft that is none of the leaft which yoii mention, to get 
cur hearts weaned from creature comforts and to live 
iipon himfelf as our all-fufficient foul-fatisfying portion 
• — and let my dear brother and filler remember what the 
.H. G. faith, Lam. 3. 27. it is good for a man that he 
bear the yoke in his youth. Dear mother, I pray, J^ 
your next, fpeak a little more fully concerning his gocl- 
iinefs, for you fay nothing to that, except by thephrafe 
of a very honeft man, you mean a very godly man, a:? 



122 HISTORY OF THREE OF THE JUD€ES 

I hope you do ; for you give the fame epithet to that 
good man (whofe word you took concerning him) of 
whom another friend faith that he is a very godly man, 
aged and xvife, &c. I pray, rem.ember my dear love 
to filler Judith, and tell her from me fhe muft now be 
a very good child, and labor to know the God of her 
father, and ferve him with a perfe6l heart and with a 
willing inind, i Chr. 18.9. and leaving to grieve for* 
her filter and nephew that are at reft with God, ilrive 
with all her might to be a comfort to her poor affli6led 
mother, who is contefting with the difficuhies and tem- 
tations of an evil world. I humbly thank you for your 
motherly love and care for me, in your being fo defirous 
to fupply my w^ants ; and becaufe you are pleafed to 
Iviy your commands upon me, I iliall make bold, whejj 
I need your help in that kind, to write to you for it. — 
There is yet a little meal in the barrel and oil in the 
cruife. The greateft thing I need is a heart to abide 
patiently in this condition until it be expended. I cannot 
but account it a great mercy that in thefe hard times 
yen fliould be able to be fo helpful to your poor children ; 
Ivjut I befeech you let not your love to them ma-ke you to 
forget yourfelf, in parting with what is neceffary for 
your own comfort in your old age. Dear mother, you 
iay you find nature greatly decaying in you, and there- 
fore delire prayers that grace may be ftrengthened, &c. 
It cannot be othervvife expcsSled but that as age comes 
on nature will decay ; but I befeech you preferve it 
•what you can, and take heed of immoderate griefs, or 
whutfoever elfe may be prejudicial to your health, which 
you are able to avoid, and when you have done all you 
v:an, if you ftill perceive the outward man periihlng, 
vet faint not, for I do believe, through the faithfulnefs 
of God, your inward man fliall be renewed day by day, 
€i. Cor. 4. 16. I bltfs the Lord, though I cannot deny 
but I feel, with you, the decays of naUire, yet I have 
and do enjoy a competent meafure of health and ftrength, 
and beg ) our pardon if I have been too How in ucquaiiU^* 



OF KING CHARLES I. Itl^ 

ing you with and giving you the comfort of it. I thank 
you for what you have written concerning thofe rela- 
tions I defired to hear of ; and the rather bccaufe you 
fay you cannot write much, through the weakncfs of 
your eyes, ar^d I fear it may hurt them to read thef* 
long letters, for I defire you firft to read and tlien feal 
and deUver the enclofed to my honored and dear friend 
D. G. with my bed refpedls to him and his dear wife. 
My dear mother, I recommend to you the counfel and 
promife given to the Phihppians, chap. ^. 4,5,6,7. 
and let me intreat you to rejoice in the Lord always^ 
and again I fay rejoice ; and I befeech you to reniem^ 
ber that weak eyes are made weaker by too much weep_ 
ing. Pray take heed you do not hurt y our felf thereby. 

But alas, I fee my paper is almofl done, and muft 
yet referve a litde room for a poftcript, therefore (hoping 
I have not forgotten any material thing I fliould writK 
ot) I am forced here to break off abruptly, and with 
my moft afFe6lionate remembrance to all friends, as if 
I named them, deHring the continuance of your and 
their fervent prayers, I recommend you and my dear 
brother and flfters to the tender watchful care of Him 
who hath borne us from the belly and carried us from 
the womb, and will be our God and our guide unta 
death, I am, dear mother. 

Your moft afte6lionate and dutiful fon, 

W. G. 

Now, my dear mother, give me leave in a pofifcript 
to be a little merry with you, and yet ferious too. There 
is one word in one of your ^ptters that founds fo harihly, 
and looks fo untowardly, that I cannot tell well how 
to read or look upon it, and I know not how to write 
it, and yet I muff, though I crofs it out again. I 
fuppofe you do by this time fufliciently wonder what 
will follow ; but the matter is this, after you had ^ivexx 
me a loving account of a bufmefs wherein you have 
done your beft, you were pleafed to fay, that if I {kouid 



J24 HISTORY, OF THREE OF THE }UD«E5 

be angry you had many to bear with you, &c. Raftl 
anger, I confefs, is a burthen that needs more fhoul- 
ders than one to bear it ; for Solomon faith, a ftone i§- 
Jieavy, and the fan d weighty, but a fool's v/rath is hea- 
vier than them both. But oh, my dear mother, how 
could you fear fuch a thing from me ? Yourfelf know^ 
eth I never yet fpakean angry word to you, nay I hope. 
I may fay (without taking the name of God in vain) 
the Lord knoweth I never conceived an angry thought 
towards you, nor do I now, nor I hope never fhall, and 
in fo faying I ^o not commend myfelf, for you 
i\^\Q^x gave me the leafl caufe, neither have you now, 
and. I believe never will ; therefore, dear mother, the, 
whole praife belongs to yourfelf, or rather to the Lord, 
>vho, blelTed be his name, hath fo united our hearts to- 
^eiher in love, that it is a thing fcarce poffible to be an- 
gry one with another. But I Iball now conclude with 
a requeft that you will not be angry with yourfelf for 
writing that word I have fpoken fo much againft, for 
I fuppofe ail your meaning was, if I fhould not alto- 
gether approve of what was done, &c. and I am abun- 
dantly fatisfied that the root from which that fear fprung 
was tender love, and that you fpeak your heart when 
you fay you love asd honor me as much as ever, which 
may well increafe my longings after you, for the ex- 
ceeding grace of God in you. Now thanks be untci 
Gudfor his unfpeakable gift. 2 Cor. 9. 14, 15." 



CHAP, 



^F KING CHARLES I. !2^ 

CHAP. III. 

O/CoIofteJDiXWEL L and his Sepulture at New-Haven. 

COlonel John Dixwell was another of King 
Charles's Judges. He was of tlie priory of Folk- 
ilone, in the county of Kent. He was a junior brother 
of Mark Dixwell of Broome, in the pariih of Barham, 
in the county of Kent ; who died 1643, leaving In the 
hands and in the care of Colonel Dixwell all his eflate 
and children, all minors, and among the reft his eldeft 
fonand principal heir, Bafd, afterwards Sir Bafil Dix- 
well. He came to New-England a bachelor, then 
having neither brother nor fifter living. The Colonel 
was a gentleman in good and eafy circumftances, beingj 
poficfled of a manor and fundry other ertates in Eng- 
land. Engaging in the civil wars, he became an olPicer 
in the army under the Parliament and Protectorate % 
was nominated (lierifFof tlie county of Kent, and be- 
came m.ember of Parliament for Kent in 1654. He 
was one of the Judges that figned the warrant 1649. 
At the Reftoration he abdicated his country in 1660 : 
but when he firft came to New-England is unknown. 
<Very little can be recovered concerning him for the nr(t 
ten or a dozen years of his abdication. The firii notice 
we have of him is in GofFe's Journal, while the Judges 
were at Hadley, wherein it is entered that Colonel Dix- 
well came to tliem there February 10, 1664 — .-c^ : but 
ever after they call him Mr. Davids ; and afterwards 
he went by the name of James Davids, Efq. till his 
death. This name it is faid he aiuimed, being his mo- 
ther's name. Governor Hutchinfon fays he lived at 
Hadley fome years : his grand-daughter, Mrs. Caru- 
thers, fays only fix weeks. From thence, or after va- 
rious wanderings and reclufes, now iknov n, he at 
length came to Nev^- Haven ; whe , though covered 
with a borrowed name, he hc\sever was gLueraiiy fup- 
L 3 *■ 



., *. 



126 HISTORY OF THREE ©? THE JUDGES 

pofed to have been one of thofe who were obnoxious in 
Kngland. But lie carefully concealed his true charac- 
ter from the public. 

When he firfl came to New- Haven is unknown. — 
Stephen Ball, Efq. of Nev/-Haven, aged 67, a de- 
fcendant of the original inhabitants, tells me the tradi- 
tion is, that when Mr. Davids firil came here, he put 
lip and lived with an aged family, two fedate old perfonf , 
Mr. Ling and his wife, who had no children. Mr. 
Ling at his death requcfted him to aiiifl and take care 
of his wife, and recommended it to her to be kind to 
him. -He left his houfe and whole eftate to his wife. — 
Mr. Davids alliHed in fetthng the eftate. And after- 
wards he faid he did not know any better way to (hew 
lindnefs and take care of her, than to marry her, and 
accordingly married her. She foon dying, he married 
ant)ther wife, and had children by her. Thus far dea- 
con Ball. Mr. Ling's death was in 1673 ; his will and 
the inventory of his eftate, £goQ. was then immedi- 
ately entered and remain on the probate records to this 
day. So Mr. Davids muft have been in New-Haven 
before 1672 .* and probably feveral years- before, as a 
fhort and tranfient acquaintance v*^ouId not have been 
fufficient to produce that truft and confidexice, which 
Mr. Ling repofed in him at his death. 

Mr. Ling's houfc v/as in a retired part of the town> 
at the north-weft corner of wiiat was afterwards called 
Mr. Pierpont's Square. * Here Mr. Davids lived in a 
retired indeed, but not fecreted manner. For he con- 
ilantiy attended public worihip, was openly converfant^ 
though not very familiarly and intimately with the inha- 
bitants, who confidered him as a rcfpe^labie and pious 
gcntleraan, who relidcd among tli;.Mri in a quiet and 
peacable manner, without tranfading any apparent 
"buiinefs, and yet fubfifting with decency, leading ra- 
ther a reclufe and private life. His countenance, but 
not his true name, was knowa to Mr. J ones at his £aJ^ 



CITY of NY.W HA VEIN" 



S 



■j^ 



±Uodi- 



i/i 



M 



1 

^ 1 


1 \ 


1 t 

Mr M 




OF KING CHARLES I. 14^ 

coming, who probably was foon after pofTefTed of his 
true name and character, and proved his faithful friend 
till death. There is feme reafon to think he was early 
known to a very few others in town, particularly to 
Mr. Street and Mr. Biihop, as he certainly was after- 
wards to Mr. ViGTponh The reverend Nicholas Street, 
the minifter of New-Haven, died 1674. In his will 
dated April 14, 1674, herequefts ** his beloved friends^ 
Mr. James Davids and Mr. Nicholas Augur, to be 
alfiftants" to his wife in the fcttlement of his elUte. — 
Do6lor Augur was an eminent and learned phyfician of 
the town, and opulent, and of early accelhon, and 
long acquaintance with Mr. Street ; whofe confidence 
alfo repofed in Mr. Davids may feem to imply more 
than a fhort acquaintance, not lefs probably than five 
or fix: years intimacy. Mr. Street was fettled in New- 
Haven a colleague minifler with Mr. Davenport in 
1658, and upon Mr. Davenport's removing to Bollon, 
1667, continued fole minifter till his death, 1674. i 
believe Dixwell was unknown to Davenport, and pro- 
bably did not come here till after his removal to Boflon.- 
After all, I confider the firft certainty of his adually 
being here to be about 1672, and at lead before Mr. 
Ling's death in 1673 : while yet it is more than proba- 
ble he was here rtill earher. From 1660 to 1665, we 
know nothing of him, he was perfe6ily out of fight : 
tjien hejud: appeared at Hadley and evanifhed, leaving 
no certain trace of himfelf from 1 665 to 1 67 2 , where 
we mud date the firft certainty of his being at New- 
Haven. While here he always condudled himfelf like 
a pious and exemplary chriftian. 0ne fays, Mr. Dix- 
well was a very pious and religious man, and always- 
fafted on Friday of «very week conftantly." Another 
faySj " he had the reputation of a worthy old gentleman^ 
a very pious and holy man, and lived very much by him- 
felf and retired." Another, aged 83, fpeaking of Dix- 
well and all the Judges, fays, that the good old people, 
Vihcn he was a boy, ufed to fpeal^ gf ihefe men, *-* 3& 



I2S HISTORY OF THREE OF THE JUDGE? 

very good, and pious, and holy perfons, and they be^ 
lieved what they had done they did out of confcience, 
and that they themfelves always thought they had done 
right/' 

In New- Haven records I find thefe entries : 
*' Mn James Davids and Mrs. Joanna Ling were 
married by Mr. James Bifhop the 3d of Nov. 1673."' 

*' Mrs. Joanna Davids, wife of Mr. James Davids 
died (between 15th and 26th in the entries) Nov. 1673.''' 

" Mr. James Davids and Bathfhebeba How were 
married the 23d of October, before James Billiop, af- 
fiftant, 1677." 

** Mary, daughtei- of Mr. James Davids, born 9th 
June, 1679." 

" John, the fon of Mr. James Davids and Bathfhe- 
ba Davids, was born the 6th day of March, 1680 — i.'j 

** Elizabeth, the daughter of Mr. James and Bath- 
flicba Davids, was born the 14th of July, in New- 
Haven, 1682." 

** Mr. John Dixw^ll and Mrs. Mary Prout were 
married September I, 1708." 

From New-Haven church records, in the hand- 
writing of the reverend James Pierpont, who was or- 
dained Paftor of the church, July 1685, I extracted * 
this . " December 29, 1685, Mr. James Davids, alias 
John Dixwell," admitted into church fcllowlhip. 

From hence it appears that Mr. Dixwell came to 
New-Haven before -1672 ; thai he was known here by 
the name of Janies Davids ; that by his nrft wife he had 
no children ; that he married his fefond wife 1677, and 
by her he had three childreii, one of which, hi >• only 
fon Jijhn, afterwards married Miis Prout ; and that he 
was adniuted a member in lull comm\.inion v^ith the 
chinch of New-Hav-n in 1685,, wifliin hil: a year af- 
tci- Mr. Pierpont's ordi^ati;:)n, and liiis by the n^me of 



©F KINS «HARLES I. 12^ 

Dixwell as well as Davids ; which fhews that his true 
chara61:er was known to Mr. Pierpont at his firil com- 
ing to New-Haven, though the tradition here is that 
Mr. Dixwell never revealed it till on his death bed, 
and then to Mr. Pierpont. In truth it was known to 
Governor Jones, and Governor Bifhop, Mr. Ling and 
Mr. Street, from the beginning of his coming here^ 
fay 1672, and to Mr. Pierpont 1685, and to a few 
others till his death, when it was promulgated to the 
towu. 

During the feventeen years or more in which he liv- 
ed in New-Haven, nothing extraordinary occurred 
concerning him. From 1674 to 1685, the church, 
had no fettled minifter, with whom he might adbciate. 
The reverend Nicholas Street, the minifter, at his firft 
coming here, foon died. For above eleven years the 
church was deftitute of a paftor, and ftipplied by occa- 
iional and temporary preaching only, till Mr. Pierpont's 
fettlement, 1685. With him the Colonel enteied im- 
mediately into an open and unreferved, but confidential 
communication ; but this was only for the Ihort fpace 
of the three or four laft years of his exile. During this 
fhort time there was the greatelt intimacy and friend- 
ihip ; which however feems for fome time to have been 
concealed from even his wife. For tradition fays that 
madam Pierpont obferving and remarking the fingular 
intimacy, and v/ondering at jit, ufed to alk him, what 
could be the reafon of this intimacy, and what he favv 
]^ that old man, who was fo fond of leading an obfcure' 
unnoticed life, that they (hould be fo very intimate and 
take fuch pleafure in being often together : for their 
houfe-lots being contiguous and cornering upon one 
another, they had beaten a path in walking acrofs their 
lots to meet and convcrfe together at the fence : and 
fhe often v/nndered why he Ihould be fo fond of meeting 
and converfing with that old gentleman at tliC fe.ncQ } 
To whom he replied, that he was a very knomiig and 
legiiued man ; that he uxjueAdoQd more about rehgion 



130 HISTORY OF THREE OF THE JUDGES 

and other things than any other man in town, and 
that if fhe knew the worth and value of that old man, 
ihe would not wonder at it. 

Among other traditionary anecdotes concerning him^ 
this is one : The Eiiglilh, and perhaps Europeans in 
general, efpeclally thofe who have been converfant in 
the variety of bufmefs and employments in large cities 
and populous towns, have a fmgular fagacity in judging 
from the external appearance and manner, a perfon's 
bufmefs and occupation in life. Sit Edmund Audrofs 
came to America, and became Governor of New- 
York in 1675 to 1684; and of MaflTachufetts from 1686 
till 1689. In one of his tours through the colony of 
Conne<£i:icut;, perhaps about 1686, attending public 
Worfliip at New-Haven, he obfervcd a venerable old 
gentleman at m.ecting, and noticing hi rn cloftly^ dif- 
cerned fomething fmgular in him, and fufpe^ted him. 
After meeting he inquired Vv'ho that perfon was, and 
waK told that he vras a merchant who refided in town. 
Sir Edmund replied, that he knev/ he was not a mer- 
chant, and became particularly inquititive about him. 
Probably Colonel Dixwell was notified of the inquifi- 
tivenefs of this ilranger concerning his perfon and cha- 
racler ; for the Colonel was not fcen at meeting in the 
afternoon. 

In connexion with this, I inay m.ention another tra- 
dition, which I received from Major Lyon and others, 
indicating how obnoxious Sir Edmund was at New- 
Haven, as well as through New-Eaglax^*d. Sir Ecl- 
mund being at meeting here, and probably on the fame 
Lord's day as the above, the deacon gave out the 5 2d 
Pfalm to fmg, in Sternhold and Hopkins's verfion, 
which begins thus : 

Why dofl thou, Tyrant, boaft abroad, 

Thy wicked works to praife ? 
Doft thou not know there is a God 

Whofe mercies lall always r 



OF KING CHARLES I, I3I 

Why doth thy mind yet flill devife 

Such -wicked wiles to warp ? 
Thy tongue untrue, in forging hes 

Is like a razor Iharp. 

Thou dod delight in fraud and guile, 

In mifchief, blood and wrong ; 
Thy lips have learn'd the flattering (lile, 

O falfe deceitful tongue ! 

Governor Androfs felt it as an intended infult upon 
bimieli, and after meeting refented it as fuch, and re- 
prehended the deacon for it. But being told it was the 
ufage of this church to fing the pialinns in courfe, he 
excufed the deacon, and let the matter pafs off. But it 
is not improbable that though this might be the general 
iifage, yet in this inftance a pfalm vv^as fele6led for Sir 
Edmund's contemplation* 

Colonel Dixwell carried on no fecular bufinefs, but 
employed his time in reading and rural walks into the 
neighboring fields, groves and woods, adjacent to his 
houfe. Mr. Pierpont had a large library, from whence 
as well as from bis ovv^n coHecSlion, he could be fuppU-. 
ed with a variety of books. He often fpent his even^ 
ings at Mr» Pierpont's, and when they were by them^ 
felves retired together in his ftudy, they indulged them- 
felves with great familiarity and humour, refped and 
honor, and free and unreftrained converiation upon all 
matters, whether of religion or .politics. But other- 
wife when in company, Mr. Peirpont treated and be- 
haved towards Colonel Dixwell with caution and re- 
ferve. The Colonel fpent much of his retirement ia 
reading hiflory. As a token and memorial of his friend- 
Ihip for Mr. Pierpont, he in his hii will prefentedhim 
\vith Raleigh's Hidory of the World. This book is 
now before me, and in it I nnd infcrihed bv Mr. Pier- 
pont, in his Ovvn hand writing, with which I am well 
acquainted ia lii" chur'-^h records, '* James Picrpont's 
b:>ok, 1689, Ex DQii-i dom, John Dixwell, xwtef.ta-' 



ijZ HISTORY OF THRtE OF THE JUDGES 

mento Juo no'vijftmo ^' What Raleigh wrote for the life 
of the learned world, as well as for his own amufementj 
during a fourteen years' imprifonmentj under eondem- 
nation for treafon, became the entertainment of Dix- 
Well, during his twenty- eight years' exile, under the 
fame high accufatioil and condem.nation. 

Whether Colonel Dixwell had any communication 
with Whalley and GofFe after he left them at Hadley^ 
is not certainly known. But intelligence was probably 
kepi up betweem them by means of Jones and Tijjjjfcjn.. 
His fupplies for fubfifience, and their channels, are alfo 
unknown. Eefides the monies he doubtlefs brought 
over with him from England, he acquired-eight or nine 
hundred pounds by his hrft wife, befides his houfe. — - 
Kis nephew, Sir "Bafil Dixwell, totally negle6led and 
abandoned himi And it does not appear that he re- 
ceived any thing from Englandj during his exile, from 
any but his niece, Mrs. Elizabeth Welirow. And the 
tradition is, that in the latter part of his exile, though he 
was not tieedy, or in indigence, yet he was in ftraiten- 
ed circumftances, for a gentleman formerly accuflomed 
to affluence. 

After having three children born to him in New- 
Haven, he made a difpofition of his eftate in England^ 
\vhich he expe6led would be relfoTed. This he did in 
feveral indenture* and writings in 1682 \ which he did 
fecretly, but left them to be recorded and ufed after his 
death. His wife procured them to be approved by the 
judges of the county court, in 1691, which had at 
that time the probare of wills^ and the jurifdi^lion of all 
teff amentary matters, and fettlements of eltates. 

There is no reafon to think that the three Judges were 
ever out of New-England after their arrival in America^ 
though there were fome loofe flying (lories that they 
were at New- York. .Suppofe V/halley and Goffe both 
died at Hadley, the former 1678, the latter 1680, then 
Dixwell was left alone. It does not appear that Dix- 



O? KING CH ARIES r. . I33 

vcH's fe-Sdence "in New-Eitglaiid v.-as ever ilifpefledi 
either in England by the Miniflry, there,or by Ran dolph- 
in Ncw-.ETigland. So that he: >^^no really lived the 
moft openly of any of' them, lived the inoft fafely and 
fecureiy. He well knejv, however, and fully felt tb(i 
danger that the regicides' afnes might; be diifu'rhed, as 
he muft be v/ell apprifed of the inlidious vigilance of 
Randolph. It is pollible alfo that the three Jnc^csr 
might wiiKthat their graves might be together. What 
has been before narrated is delivered upon" fii re .docu- 
ments. I jhall now nari-ate what is only cbnjedural,. 
and leave it with every one's judgment ; only obfervinjr 
that if it ever did take place, no one will doubt but that 
DiXwcll was concerned in it. There is fomehow pre- 
ferved, not in imiverfal or general, but particular and" 
ftrong and lineal tradition, at' New-Htven, which is 
tp' be confidered more largely hereafter, that smother o£ 
tlie regicides beiides Dixwell, lies buried in our burying 
place, and that this other v»as Whalley. This is "par- 
ticularly preferved among the fcxtons, or grave-diggers^ 
ivho it feems for many years, and perhaps ever irpn-r 
the time efpecially of Dixw^ell's death, have fhevvnthe 
ftone marked E. W. for Whalley, as they have that 
marked J..D. for Dixwell. I have not found the lealt 
tradition or furmife of GoiFetill I myfeif conjedured itj^ 
January 1793, infe#ing in my ow^n mind without ac 
doubt, that if Whalley, who certainly died at Hadley^ 
v/as after w^ards removed here, Goffe would have beert 
alfo. But of this, I mean as to Goffe's being here alfo^ 
i can find no tradition, while yet I find it tenacioufly 
adhered to by fome few, and particularly in the line of 
grave-diggers, that Whalley is here. I have often ex- 
iiimincdahe Hone marked E. W. but confider tile mat- 
ter without proof, yet pollible, not to fay a little probu- 
Ijle, but by ,no means certain. Nor do I wifn, and leaft: 
of all attempt to gain any one's credulity to it, leaving 
■every mind perfeilly free and unprejudiced. But as. I 
'-now that whoever takes the pains v.'hich I have don;;^ 

M : 



!34 HISTORY OP THREE OF TH£ JtCGtig 

to trace out, and colle6^j and digeft the tra^ditions iii 
New-Haven, v/ill find this among others, however it 
originated among us ; fo after this precaution and noti- 
f]caticn, I fhall proceed to what iso.ffome confequence 
in the life of Dixvvell, if true • and fhould it be indeed 
otherwife, will have no bad confequence, as not being 
adchiced on the verity of hiftory; 

It is then fuppofcd by fome, that Whslley alfo hcs 
buried in New-Haven* If fo, his corpfe mud have 
been taken up and fecretly convfeyed here. For with- 
out repeating the proi)fs, it is certain he died in Hadiey^ 
Who will doubt this removal was at the procurement 
of his friend Dixweli, or at lead that he was privy to i,t, 
iind concerned in efFeding it r None. If done before 
1685, none but Dixweli, Jones and Bilhop, in New- 
Haven, and RulTel, TiUtoh, and perhaps Smith, at 
Hadley, v/ere privy to it ; and yet probably it was after 
Randolph's rage burned and became dangerous, Vvhich 
was after 1680, when GofFe was either dead or abdica- 
ted. At all events, the five or fix I have miCntioned 
jnuft have been the principal perfons concerned in ef- 
ib<5ling this removal. If fo, Dixweli mud have been 
ileeply concerned in the affair ; and this event and tranf- 
■ailion, however fecretly performed, mud become an 
important anecdote in his life, a&being the lad care 
:uu\ office of fiirviving friendihip t6 the memory and to 
the fecurity of the allies of a venerable fellow exile and 
brother Judge. In this Governor Jones was unquef- 
tionabiy the erhcacious agent. He and Mr. Tillton 
mud have been the men, wlv) procured the corpfe to 
have been conveyed from Hadley and interred in Nevv- 
Haven, in fo private and fecret a manner as to have 
eluded even the fiifpicion of Randolph. If Gode died 
;it Hafllcy, 1680, as is probable, the fam.e jeafons v/bich 
would induce the removal of one v.'ould induce the re- 
moval of tlic other, and perhaps from a fecret pre-con- 
certed plan that all the three exiles diould l)C dcj:>orued 
tSid iLcp in the dud together, unt:l they Ih^uld aridl" 



OF KING CHARLES I. I^.i^ 

together at the refurre^lion of the JuR, Now if al! 
this v/as true, which can never be fully afcertained, it 
would have been, as I have faid, an important cve^t 
in the life and tranfaitions of Judge Dixwell. But th& 
whole is fubmitted as only conjectural j though I Ihall 
attend further to it hereafter. 

After 'a pilgrimage of twenty-nine years in exile from 
his native country, and banifhment into oblivion frorri 
the world, of which feventeen years at leaft, probably 
more, were fpent in New- Haven, by the name of 
James Davids, Efq. Colonel Dixwell died in New- 
Haven. He and all the other Judges lived and died in 
the firm expe61:ation of a revolution in England. This 
had adlually taken place the November before Dix- 
well's death, but the news not having then arrived, he 
died ignorant of it, about a month before the feizure of 
Sir Edmund Androls at Bofton. At his death he dif- 
covercd his trr.e character to the people, and owned the 
name of John Dixwell, but requeued that no monu- 
ment fliould bcf erected at his grave, giving any account 
of his perfon, name and chara6ler, and alledged as a 
r^afon, " left his enemies might difhonor his a(hes"-r- 
requelling that only a plain (lone might be fet up at his 
grave, inscribed with his initials, J. D. Efq. with hi^ 
age and time of his death. Accordingly a plain rough 
(lone is ere£led at the head of his grave, clofe by the 
tomb (lone of Governor Eaton and Governor Jones, 
which (tone is (landing to this day, charged with this 
infcription, as at firll put and engraved upon it by his 
friends : 

. " J. D. Efq. 
DECEASED MARCH THE iSth, 
IN THE 82d YEAR OF HIS AGE, 
1688—9." 

He left a wife and two children. His will was af- 
terwards exhibited and approved, and recorded in the 
probate ollice, from the records of which I have tranf- 
cribed the following copy. 



136 HISTORY OFTHRSB OY Tn:E :i*i)GE,:^ 

*\,The laji Will of James Davids , alias yahnDlxtuelL 

" I Jarr.e." Davids, of the town of New- Haven, be- 
ing in reafonable good Health and perfeft memory, I 
blefs the Lord' 'for it,- do make and. ordain this my lail: 
Will and Teftament in manner and forrri follovi'ing. — 
Imprimis I give nnto my loving w4fe, my honfe in 
New-Haven aforefaid, v/ith the home lot, the orchard, 
^vA buildings, and alfo my lands at, the Beaver- Pond, 
and. one acre of arable land being in the quarter called 
Cooper's Quarter, and likewife my land in the Neck, 
with, the Avoodlands, lying in two parcels ; AH- which I 
give unto :Bathfhfcba Davids, my wife, for and during 
'iier natural life, and after her deceafe, I give unto my 
ion John, my houfe and the lands aforefaid, unto him 
arid his heirs. for ever. Item I give unto my fon John 
all fuch lands as fell to me by the laft divifion, being 
'^bout four fcore acres, to him and his heirs for ever. — 
And if my fon John, die without illue of his body law- 
fully begotten, llicn m.y v/ill is, that my daughter Ma- 
ry; fhall have the houfe F/ith all the lands -before men- 
tioned,, to her and her heirs -for ever. . .liem I give my 
tionored friend, ?4'r. Fierpont, paftor of the church. of 
Chrifi in; New-Haven, Sir W<ilter Raleigh's Hittory 
of tlie World. Item I give unto my fon John all the 
i-effof my book?, and my filver flandilh I ufed to write 
■with, and my iwefers which is in a red tortoife-fhell 
cafe, my fword and my gun, all w^iich I delire may 
tie carefully kept for him. lte??i I give unto my daugh- 
ter Mary twelve pouiids. Item I give unto my loving 
*.'ife, Bathflieba Davids, the r^il of my perfonal cftate 
here in New-England, and do make my faid wifefolc 
executrix qf this my lall: Will and Teftament. And I 
do hereby declare, that this will fhall not extend to any 
thing enjoyed by me, or belonging to me in Old Eng- 
land. .And I do earncftly defire my loving friends, Mr. 
William Jones and Mfs. Jones, his wife, of New- 
Haven aforefaid, if my wife die before my friends in 
Ef>2rand fend for mv children,, unto whom I have coua- 







3la^y darkjboney Headftone 




13^ HISTORY 0FTHR2B OK THS JI?DGE.|- 

*^..The loft Will (jj Ja>nes Davids, alias JaLn DixrjjelL 

" I Jarr.e- Davids, of the town cf New- Haven, be- 
in^ ill reafonable good health and perfeft memory, I 
hIefs'tHe Lord' for it,- dp make and. ordain this my laft 
Will and Teftament in manner and form following.— 
Imprimis I give unto my loving wife, my houfe in 
New-Haven afoiefaid, v>^ith the home lot, the orchard, 
and buildings, and alfo my lands at the Beaver- Pond, 
and^qne acre of arable land being in the quarter called 
Cooper's quarter, and likewife my land in the Neck, 
with the .woodlands, lying in two parcels : AH which I 
give unlOiBathlheba Davids, my wife, for and during 
'JT-er natural life, and after' her deceafe, I give unto my 
■fon John, my houfe and the lands aforefaid, unto him 
arid his heirs for ever. Item I give unto my fon John 
all fitch lands as fell to me by the laft divifion, being 
'^lout four fcore acres, to him and his heirs for. ever. — 
And if my fon John die without iifuc of liis body law- 
fully begotten, then my will is, tliat my daughter Ma- 
ry. (haJI have the houfe with all the lands -before men- 
tioned, ^o her and her heirsfor ever. : .Item I give my 
tionored friend, PvJ'r.. Pierpont, paftor of the church. of 
C.hiifl in. New-Haven, Sir \V>Iter Raleigh's Hi ibry 
of the World. Item I give unto my fon John ail the 
a:eft of my books, and my fflver flanciilh I ufed to write 
v^itli, and my iw^krs which is in a red tortoife-ihell 
cafe, my fword and my gun, all which I dehre may 
"he carefully kept for him, Ite??i I give unto my daugh- 
ter Mary t^vclve pounds. : Item I give unto my loving 
f'/ife, Bathfiieba Davids; the r^lt of my perfonal cftate 
here in New-England, and do make my faid wifefole 
executrix of this my lafl: Will and Teftament. And I 
do hereby declare, that this will fhall not extend to any 
thing enjoyed by me, or belonging to me in Old Eng- 
land. And I do earncftly defire my loving friends, Mr. 
William ^jones and Mfs. Jones, his wife, of New- 
Haven aforefaid, if my -wife die before my friends in 
Ef^giand fend for my children, unto whom 1 have com- 



Flate Vr.p. 136. 




\%^wy 8 2*^ Team of 



7lf&, and a ^iiarieryie^. /i^hSc Iroad' 
S Inc. t/iich: ned- .ftoitey. He ad ftone . 




at hviid ienJn^Aiafv. 
Headlbne 




7fyffjee4vnd& Schick, icSLia tfiic/o 
£lu.e^ d<irk,Ji:<me^ Heaxlftone 




FootiJone 



OF KING CHARLES I. I37 

miftedthe care and education of them, that they would 
receive them into their family and take care of them till 
my friends have opportunity to fend for them, and what 
charge and expence they (hall be at thereby, to be re- 
paid to them. And I defu-e alfo my good friends afore- 
faid, that what belongs to my children here, they would 
take care that it may be preferved for them. In wit- 
nefs whereof I have hereunto fet my hand and feal, 
dated the feventh day of May, one thoufand fix hun- 
dred eighty eight. 

Signed and pubUfliedl James David:* fL.s.j 
in the prefence of J 

{AMES Clarke, 
AMES HeATON, 

I do alfo hereby fignify my mind and will to be, th^.<: 
fuch of my books as have my daughter's name writteii 
upon them, belong to her, and that Ihe ihall enjoy them. 

James Davids." 

*' An inventory of the eftate of Mr. James Davids, 
iate of New-Haven, deceafed, taken and apprized by 
Captain Mofes Mansfield and Thomas Tuttle, June 
ioth, 1689," amounting to £^7.'](^ 12 6. and among 
other articles, houfingand homefted, j^65. By a cur- 
fory review of a number of inventories, about this time 
I fhtfbld judge Mr. Dixwell's ellate better than thofeoi 
half the inhabitants of New-Haven, who were com- 
fortable livers ; and confequently that he was not redu-- 
ced to indigency. I have often been, in his houfe, which 
v/as (landing till twenty or twenty-five years ago, Ic 
was a comfortable, two ftory, old fafhioned houfe. 

Immediately after his death the news of the revolu- 
tion and of the accellion of King William and Q^ieeh 
Mary arrived here. Upon which things took a new 
turn, and a'Tumed an afpecl more" favorable to civil and 
religious liberty. In a little time therefore, or in about 
two years after Dixwell's death, it beca^me fafe to brin:-^ 
M3 



133 HISTORY OF THREE OF THE JUDGES 

forth the following indentures and writings, which I 
find recorded in the probate office at New-Haven ; and 
wliich I have tranfcribcd and copied from the records 
of that office, as they will ilhidrate the hiftory of Co- 
lonel Dixwell. 

Extracts from the Neiv- Haven records. 

'* Here follows a record of feveral deeds and other 
writings, recorded at the dcfire of Mrs. Bathfneba Da- 

>.id?, and the allowance of the county court. 

«^ Dixwei], John, Efq. 

** This indenture, iDade the tenth of 0<5lober, in the 
year of our Lord God one thoufand jfix hundred eighty- 
two, between John Dixwell, alias James Davids, of 
the priory of Folkeftone, in the county of Kent, Efq. 
of the one part, and Bathiheba Dixwell, his wife, on 
the other p:irt, Witneiieth, That the faid John Dix- 
Avili, alias James Davids, for the natural love and af- 
ftcfion he beareih to his faid wife, Hath given, granted 
and confirrr:ed unto the faid Bathiheba Dixwell, his 
wife, All that his farm lying in the parilli of Hougham^ 
in the county of Kent, with the houfes and building?, 
?,nd ail xhz hinds, arable, and pafture, and meadows 
thereto belonging, formerly in the occupation of widow 
Vallier, To have and to liold, and enjoy, and alfo to 
take and receive the profits thereof during her natural 
life, with pov/er alfo to leafe out faid farm and lands for 
a yearly rent, fo that it be to the value of it, and her 
ieafe extend not for above eleven years at a time. In 
witnefs v\ hereof the parties above named have interchan- 
sbly fet tlieir hands and feals. Dated tlie day and year 
above naiTicd. 

Sealed and deli vered 1 J o H N D i x\\ ell ( l . s . ) 

in theprefence of J alias, 

y^Jsph Allfup, Jam5s Davids. 

''fa/ties Clarke, 
Jofeph All/up, jim. 



OP KING CHARLES I. l^f 

This writing, as above is a true record of the origi- 
nal. Recorded and examined pr me, 

James Bishop, 
Clerk of New-Haven County." 

" This indenture, made the twentieth of 0(Slober, 
in the year of our Lord God, one thoufand fix hundred 
and eighty-two, between John Dixwell, alias James 
Davids, of the priory of Folkedone, in the county of 
Kent, Efq. of the one part, and John Dixwell, his 
Ton, of the other part, WitneiTeth, That the faid John 
Dixwell, alias James Davids, out of the natural love 
and affection he beareth unto faid fon John ; Have 
given, granted and confirmed, and by thefe prefents 
doth give, grant and confirm, unto the faid John Dix- 
well, his fon, All that his capital houfe, called the prio- 
ry of Folkeftone, with the pigeon-houfe, ftables, barnsy 
and all the lands thereunto belonging, called the Priory 
Lees, and alfo all that his farm called or known by the 
name of Sandgate Farm, with the buildings thereunto 
belonging, and all the lands, arable, pafture and mea- 
dow, thereunto belonging, formerly in the occupation; 
of John Hill, or his afiigns, and alfo all his marih 
lands lying in Romney Marrti, formerly in the occu- 
pation of Bafil Cloake, or his afligns ; and alfo all that 
his farm lying in the parifii of Hougham, with all 
the houfes and lands, arable^ pafture and meadow^ 
thereunto belonging, formerly in the occupation of 
widow Vallier, or her afiigns ; .and alfo all his manor 
and farm called Buckland, near unto Haveriham, in 
the faid county, with all the houfes and buildings, lands 
arable and pafture, thereunto belonging : To have and 
to hold the faid houfes and lands, with the manor of 
Buckland aforefaid, after the death of the faid John 
Dixwell, alias James Davids, unto his faid fon John 
and his heirs forever. And if my fon John die without 
ilfue of his body lawfully begotten, if the Lord ftiould 
give me another fon, that then the brother of the faid 
John Ihall enjoy all the houfes and lands with the nia» 



J40 HISTORY OF THREE OF THE JUDGES 
nor aforefaicl, to him and to his heirs for ever. And 
if there be no iillie male to inherit the fame, then I 
give and grant all the houfes and lands beforefaid to my 
two daughters, Mary and Elizabeth, and to their heirs 
for ever. And if there be no iffue lawfully begotten 
from the children of the faid John Dixwell, alias James 
Davids, then I give and grant all the aforefaid manor 
and lands unto my dear and loving niece, Elizabeth 
Wefirow during her life, and after to Dixwell Wef~ 
trow, her fon, and his heirs for ever. And I do alfo 
hereby fignify and declare that all former fettlements of 
the lands before mentioned on any of the fons of my 
brother A4ark Dixwell, deceafed, being upon revoca- 
tion, either by indenture or by will, fliatl be null and 
void. In witnefs whereof the parties above named 
have interchangably fet their hands and feals. Dated 
the day and year above named, 1682. 

Signed, fealed and 1 John Dixwell, (l.s.) 
delivered in prefence of J alias 

Jojeph Allfnp, Jam es Da v i d s . 
James Clarke^ 
Jojeph Allfupy jun. 

" This writing as above, is a true record of the ori- 
ginal;, recorded and examined pr me, 

James Bishop, 
Clerk of New-Hi*ven County/' 
Mr. Davids, 

'' Whereas my brother, Mark Dixwell, of Broome, 
in the pariQi of Barham, in the county of Kent, Eiq.. 
deceafed, did by his deedof bargair* and fale convey and 
fettle his whole cdate upon me for the confideration of 
thirteen thoufand pounds, to be paid to the bell of my 
remembrance in manner following, viz. To his two 
daughten-, Elizabeth and Bennet, two thoufand pounds 
apiece at the time of marriage, or at the age of eighteen 
years, and to his fecond fon, Hcardfon, three thoufand 
pounds, at his age of one and twenty years, and alfo to 



OF Kr^^G CHARLES I.'.: 141 

his fon. William two thoiiliind pouiidsVathi^atgeof one 
gnd twenty years, aridlikvvife to his eWeft fon, Bafi], 
four thai] faad, pounds, at his age of two and twenty- 
years : For the payment of wliich fums I. -entered into 
l^veral bonds.. Now this fale of hiseftate was indeei 
but in .truft, my brother having that confidence in me I 
would manage his eftate for the benefit and advantage 
of hiseldeil [on, and pay thofe fiims -before mentioned 
to his yaunger children, did leave his whale eftate and 
care of his children folely to me, he then cafting after 
three hundred pounds y^ariy being paid to 'his widow 
for her jointure, and tw6 hiuidred and fifty pounds, 
yearly, ^being allowed' for his five children's education, 
allowing fifty pounds apiece for every one of them, did 
fuppofe the fums aforefaid might, he raifed' when his 
eldeft fon came to the age of tv7o and twenty years, not 
confidering of any taxes to be paid out of his efta;e nor 
abatement of rents in regard to the great troubles that 
was then in the nation. And this Uuii my brotlier com- 
mitted to.rae I did with all the care and diligence I 
could to. the utmoft of my povv-er perforin,, in takmg 
care for his children as if they had been my own. My 
brother died, as I ' remember, in February one thou^ 
fand .fix hundred forty-threC;, and then I took upon me 
that truft, and paid and laid out the fums following : 
To his two daughters, Elizabeth and Bennet, when 
they married, four rhoufand pounds, the taxes I paid 
out of the eftate: could not be lefs than /)ne thoufand five 
hundred pounds j for his eftate wasfeffed to the full va- 
lue : I laid out at leaft fix thoufand pounds in purcha- 
fingtherrranor of Diggs and other lands tor his eldeftr. 
fon, and in buildings and other necelfaryexpenfes about 
his chief houfe, and elfewhere one thoufand pounds ; 
and for the abatement of rents ihofe troublefome times,- 
one thoufand and tw^enty pounds, the fums before men- 
tioned I do think, and rather more than lefs. Befides, 
when I came away I left with my brother's widow five 
hundred pourads,: there being, in the tejiant*' hands. at; 



T4-2 HISTORY OF THRKE CF THE JUDGES 

lead oPiCthoufand pounds, \vhic!i v/.iththe profits of his 
eliate for two years more^ woulcl have gone near to 
have raifed the other fons portijns, if their mother, 
that was entrufted v/ith the. farae had been as careful as 
I was. But the funis aforefaid could never have been 
diiburfed, confidering the taxe'> which were paid out 
of the ellate, and the abatement of rents, and the necef-^ 
i'ary expenfes about building and reparation, and his 
ellate fo increafed, if I had made ufe of my own money, 
for what money I had, and what 1 faved out ef my 
eRate for fcventeen years,- I made uk of to improve 
my nephew's, the which I fuppofe to be betv/een two 
or three thoufand pounds. And being confident of my 
nephew's ingenuity and honeily in paying the fame, 
did not make any provifion to fecure the fame when I 
fetded his father's eftate upon him ; but moft ungrate- 
fully and injnrioufly he re fu fed to allow any thing ta 
me for this confiderable fum, nor fiiew any refpe^t for 
tlie care I had of him, by making fome provilion for 
me in my aiflicled eflate. And that there was fuch a 
fum due to me from Bafil, my brotJier's eldeft fon, 
his mother, nowtbeLady of Oxinden, wis to perfua- 
ded of it (lie offered me two thoufand pounds for it, and 
if ihe be.living can teilify to the truth of what I fay, and 
to the particulars before mentioned. Befides, for fe- 
venteen years I wa^s at great expence and trouble in ma- 
naging this eftate and therefore in ju (lice there ought to 
be an allowaiice for the fame : And aifo for detaining 
fuch a fum from me, taking advantage of my condition, 
and Ihewing unmercifulnefs in that they would allow 
me nothing for my prefent maintenance, that if the 
Lord had not extraordinarily provided for me, I had 
periihed for want, Novv being confident the Lord will 
appear for people and the good old caufe for which I 
fuller, and that there will be thofe in power again that 
will relieve the injured and opprelTed, the Lord having 
given me opportunity to change my condition, and alfo 
givea lae ciuldieji, I diiak I am bound to ufe the bcil 



OF KI>:G CHARLES I* 14.3 

means I can whereby they may enjoy what is Co inju- 
HouHy kept from me. — Therefore, know all men by 
tlicfe prefents, that I John Dixwell, alias James Da- 
vids, of the priory of Folkeftone, in the county of Kent, 
Eiq. do hereby conititute and appoint my dear and lov- 
ing niece, Mrs. ' Ehzabeth Weftrow, and Thomas 
\Veftro\v, her fon, my true and lawful attorniesto afk, 
demand and receive of the eldefl: fon of my nephew. 
Sir Bahl Dixwell, Knight and Barron et, deceafed, or 
his executors, or any that may be jullly liable thereto, 
the fum of two thoufand five hundred pounds, and alfo 
allowance for the trouble, charge and expence, in ma- 
naging the eftate aforefaid for feventeen years, and 
likewifewilh allowance for detaining the fum of two 
thoufand five hundred pounds for tvv'o and twenty years 
paft : and if the executors of my faid nephew. Sir Ba- 
iil Dixwell, or his fon, or any other t1i at may be juflly 
hable thereto^ refufe to pay or give fatisfaclion for the 
lame, then to fue, implead and ufe all other lawful 
means the law and jullice will afford' to recover ^the 
fame : Arid I alfo empower my faid attbrnies to com- 
pound v^^th them upon juft and reafonable term^s, and 
alfo to give a full difcharge from the fame, by releafe, 
or by making any other legal difcharge vvhich may be 
according to law ; and I do alfo hereby ngnify what my 
iaid attornies fhall recover or receive for the fame to 
be paid to my children according to a writing I have 
bearing date with this my letter of attorney. In wit- 
fiefs whereof I have hereunto fet my hand and feal.— 
Dated the two and twentieth of Odlober, in the year 
of our Lord God, one thoufand fix hundred and eighty- 
tv/o. 

Sealed, fign^d and \ John Pixwell, (l. s.| 
dviivered in prefence ot J alias 

^a/ep h /illjupj ■ J A M E S D A \- 1 D S . 






^ofyh Jllfup, jun.. 



144 HISTORY, OF THUEE OF THE JUDGES 

" The interHnifig of Thomas V/eiirow -in this- wri- 
ting,- and alfo the other interlining,, is done by my own 
hand, thereafon being my dear niece Elizabeth Weft-- 
row being fickly, I thought fit to join her foa. Thomas- 
Vv^edrow with her in this truft, and by reaien of the 
infirmities of my •oki age, being about eigiity years Qldy 
and notable to new write it, and not knowing anj^/f 
durfl: to tru.ft to write it. for me, I hope t^rds will fat isfy 
any that fnall make any fcruplejheyeo.f. And I da 
hetebyiignify my mind to i)e, that if I die, it Ihall not 
niiHib^ power I have given i^ntp the faid Ehzabpth aini 
Thomas Weitrow, but this my letter of attorney Ihail 
be offuU force after my death as now. And I i^jrthqr 
empowei^ the faid Elizabeth and Thomas Weftrow, if 
tb&y /die before the monies mentioned to be recovered, 
tkat they.fhalK have power -by writing under their hand 
und fea), /toempcxwer fuch as^they fliail thjnk fit to re- 
cover the monies mentioned in this writing to be p^^ 
as is-exprcifed in another writing bearing date with this, 
wherein my defires are fuDy mentioned. ; . 

Ivlay-thef 7th, 1688. John Dixwell. 

** This writing as * above, with that on the other 
fide, is a true record of the original. Reeorde'd 
and examihed-fjrme, 

Jamtss Bishop, 
Gi erk of Ne w- H aven County . ' ' 

iMr. Davids. ■ ■ ' '' : ' ' ■, 

*' Whereas I John Dixwell, alias James" Davids,*t3^ 
thepx^oryot Folkeflone, in thccounty of Kent, Ef^'. 
have conflituted and appoiiited . my dear and loviilg 
niece, Mrs.' Elizabeth Weflrow, and "Thomas her 
Ion, my true and- lawful attornjes, to aflc and de|nand 
rid receive of the*execut()rs'tjf' my lie'j^tew, SifBafil 
iJixvv'ell, Knight' and Baronet, ■ deceafeti, or his Ton, , 
r any other that^-nay be'jiiffly liablethefcto,' thcfuifh- 
cf two thoufand five hundred pounds,^ what 1 laid out for 
tiie improving hise'latc, v/ith allowance for the manag- 



o 



XjV king CHARI.H3 I. 145 

\ng bis eflatc at ray own cl^arge for feventeen years, and 
alf'o for detaining t!ie fum of two thoufand five Iiundrcd 
pounds from mc tor thefc two and twenty years pad, not 
afrord.ing me any thing tor my fubfiitencc the time of 
my afflidlion. Now 1 do liereby tignify by thelV pre- 
sents, that whdt thall be recovered concerning the two 
thoufand five hundied .pounds, owing to mc, and alfo 
^allowance for managing his dlatc lor feventeen years, 
and likewifc for detaining the faid fiun of two thoufand 
•five hundred pounds for two and twenty years, my faid 
•niece, Ehzabeth Wcftrowj and Thomas Weflrow 
^iforefaid-, in cafe my fon John enjoy my etlate which 
Avas taken from m.e in thefc tirne.s, tiiat then they 
would pay to my daughter Mary one thoufand pounds 
^at the day of lier marriage, or at her age of eighteen 
years, and if fbe die before flie marry or attain to the 
age aforefaid, "that then my fon John fnail have the 
4ame. And alfo my detireis, my faid dear niece would 
take tv/o hundred pounds for her own ufe, as a token of 
my love and refpcct to her; and alfo that they. would 
pay to my loving wife, Bathflieba Dixw^ell, two hun- 
dred pounds, and what is remaining charges being al- 
lowed about recovering the fame, tiiey vs'ou.ld pay it to 
my fon John at his age of one and twenty years : But 
if my fon John do not enjoy my eftate, that then my 
faid daughter Mary (hall have but five hundred pounds. 
And I do hereby commit the education of my children 
and guardianlliip of them wholly to the faid Elizabeth 
-and Thomas Weftrow, earnettly requeuing, if the 
Lord take me out of this v/orld, they would fend for 
them and alfo my dear wife, if they pleafe to come, for 
whom I have made fome provifion out of my eilate I 
'enjoyed ; and I defire they would ilievv the fame kind- 
nefs to my v/ife they would fliew to m^. And I do 
make it my lait and great requeft to rny faid dear niectf 
and coufm Tliomas VV'ctfrr.r/^ they W(3uld bring up my 
children in the k!io\^lec;.L v:.d k-^r of God. And if 
a-ny thing fail to my ..jn iu icgard to my brotlier's eflatCj, 
N 



14^ HISTORY OV THREE OF THE JUDGtS 

Was intailcd upon mc for want of ifHie male, \hef 
woiild endeavor rny fon John or otlier children may en- 
loy the fa'Tie. In witnefs whereof I have hereunto fet 
my hand and Tea!, Dated the two and twentieth of 
Oclcber, in the year of our Lord God one thoiifand 
fix iiundred eighty two. 

Seeded and delivered! John Dixwell, (l.s.'^ 

in prefcnCc of J alias 

Jofeph Alljup^ James Davids. 

James Clarke ^ 
Jojeph Alljupyjun. 

This writing as above is a true record of theoriginaL 
Recorded and examined pr me, 

James' Bishop, 
Clerk of New-Haven Count)-^ 

*^ Further InJfTUtlions on the other fick. 

** Mr, Davids. 

*' Thcfe are further to fignify my requcfl unto my 
dear niece, Elizabeth Weibow, and my coufm, Tho- 
mas Wcftrow, her fan, That I do hereby declare my 
mind to be, that what m.y dear niece, Elizabeth Welt- 
row, out of her tcndernefs hath furniihed me with, or 
vet may if this condition continue, Ihali be allowed to 
her, or uich as fhe fnall aiiign it to ; And I do alfo hg- 
jnify my mind to be, that my coufin Thomas Weftrovv 
-afcrefaid fnall have for a token of rny rtfpc£l to him 
f:;rty pounds. And rny further requelt is, it I die before 
,;-;ny thini? he recoveredi that lr:en Iny dear friends afore- 
1:.id wonUi iJiow unto myw;tc, lor hqr and my chil- 
*;r.:n's ir;atn'enancc, twenty pounds yearly. And I do 
u^rther dtciare r-;; vcAiA and. will to btrj that if my (on 
John and daughter Mary die before the times nicniion- 
cd in this writ'inr;^ lor the payment of thofc m.dni^ to 
ilicm, as is expreiicd, then I dO hereby iignify it to be 
t;-:y mind and vvill, th.at my dear niece, Elizabeth Wc!t- 
'vOV\' aiOi"cla:d, at:d t! c children fhe had by her bus 



OF KING CHARLES I. 147 

hufband, Thomas Weft row, deceafed, iliall have all 
fuch monies as remain due to me to be equally divided 
bstv/een her and them. In teftlmony hereof I have 
hereunto fet my hand, May the 7tli, 1688. 

John Dixwell." 

'' Know all men by thefe prefents, that I James 
Davids of the town 01 New- Haven, in New-England^ 
alias John Dixwell, of the priory of Folkeftone, in the 
county of Kent, in Old England, Efq. being under 
weaknefs of body, and uncertain what ilTue the Lord 
will pleafe to make with me, do think fit hereby to de- 
clare that all the pov/er and authority I have ellewherc 
given to my dear niece, Elizabeth Weftrow, and hci: 
fon, Thomas Weftrow, (liall after my death of deceafe, 
continue, for the recovery of all that money mentioned 
in a letter of attorney already given or made unto the 
faid Elizabeth and Thomas, authoriftng them as above 
faid, unto the end and ufesexprelfed in the faid letter of 
attorney, and fully hereby declare, that the faid Eliza- 
beth and Thomas, or either of them, fliall have and 
exercife all the truft, power and authority, exprefleci 
and conveyed in faid letter of attorney, as fully in all 
refpe6ts as if I were perfonally prefent and living. la 
witnefs whereof, and for a moil full conhrm.ation of 
ihefe prefents, I have hereunto fet my hand and feal, 
this fifteenth of March, in the year of our Lord God, 
one thoufand nx hundred eighty-eight, or eighty-nine. 

Signed, fealed and 7 James Davids, 
delivered in prefence of 3 ^lias 

James He at on y JOHN Dix WELL. • 

Eyios Talmagey 
John Allingy tertlus, 

''Thepj two diftin6b writings as above are a true ic- 
: -^i d of the originals. Recorded and examined pr rne^ 

James Bishop, 
Clerk of New-Havea Countv." 
End of the Records, 



LlS HISTORY GF TKR8^ OP THE JUDGES^ 

Thsfe entries or records are indeed without date, but 
they were made 1691, in the handwriting of Governor 
Birhcp, and among his laft entries,, as he died 24tU 
Tune, 1 69 1 . They are betvveen a record dated to have 
been recorded December 3, 1690, and the record of a 
dttd acknowledged *' before James Billiop, Deputy -- 
Governor," which acknowledgment is dated 31ft of 
March, 169L, and the record " by James Bifhop, 
clerk of the county," though without date. The en- 
tries in the next page of the records is in Governor 
J vones's hand writing. So this is the laft recording of 
Governor Eifhop. 

From thefe papers it appears, that Mr. D^ixwell- had 
p. handfome eftate in England ; that he received fome 
jiipplies from Mrs. Weftrow, but none from the reft of 
the family, though he had faithfully executed an im- 
portant bctrufiment for the benefit of his brother's chil- 
^iren, and particularly Sir Baf;! Dixwell, who feems to 
!uivc ihewn no gratitude to his uncle in his dilirefs and 
Jong protra(^led exile. It is probable that the eitate he 
hadrby his firll wife, the widow Ling, yielded him his 
princioal fubriilcnce for the lali years of his life, if not 
for tlie whole of his iixteenyeursrefidcnce in New-Ha- 
ven. He received fomethint^ from his coufm, Eliza- 
beth "Weftrow, and perhaps ihmt private donations, as 
his brother Judges received at Hadley. 

At his death he hit a widow and two children, a Cvn 
;inda daughter. The family lived together eigTiteen or 
tvventy years in New-Haven, immediately refuming 
the name of Dixwell. The fon v/as put to a gold- 
fmith, and throuj^h the faithful care of his friends re- 
ceived a good, and religious, and refpGvSlable education, 
and became a pious and worthy man. The daurihtcr, 
Mary Dixwell,' married Mr. John Collins of Mtddle- 
towii, December 24, 1707, the year after the death of 
C ivcrnor Jones and his lady, to whofe guardianPnip 
]u'I^c Dixwell had commended his two children, and 



OF KING CHARLES I. , 1:1.9 

who faithfully befriended them. The fon foon married 
and fettled in Bofton. Hereupon the mother, Mii-. 
Bathiheba Dixvvelf, the Judge's rehit, removed and 
lived with her daughter Collins at Middletown, in Con- 
ne6licut, where flie died December 27, 1729, aged 85,, 
on her grave-ftone 86. Mrs. CoUins's children were as 
follows : 

Nathaniel Colhns, born Nov. 17, 1708. 

Mary Collins, - Sept. 2-^, 1710. living 1793* 

John Collins, - Mar. 18, 171-2. ob. May 6 '14 

Twins — John Collins, 1 Nov. 13, 1714.ob.O6l i.2'i4 

One died in a few hours / 

Sibbel Collins - Aug. 16, 1716. 

Abigail Colhns, - Jan. 4,1718—19. 

This account was at my requeil: extracled from thz 
records of the city of Middletown in 1793^ by the re- 
verend Enoch Huntington, pa/lor of the tirft church in 
faid city. 

The Judge's only fon, Mr. John Dixwell, fettled 
as a goldfmith in Bolton, about 1707 ; and afterwards 
went into trade, and became a merchant in good and 
ilourilliing circumftances. He was exemplary for ami- 
ablenefs of manners, and for flrictintegrity and religion 
— and became an elder in the new north church in Bol- 
ton, and every way fuflained a very worthy chara(5leri, 
of which there is a refpe6lable and aiFe6lionate telliino- 
iiy entered in the records of that church. 

John Dixwell was among thofe who formed the r.ew 
north church. The building was raifed in 17 14. la 
17 16, it is recorded, " That our worthy brother, Mr. 
Jolm Dixwell, was unanimouily chofen to the olEce of 
deacon^ 

1720 — Sept. 7, " Voted to proceed to the choice of 
three ruling ciders, and vvlicn the votes were brought in 
it appeared tliat our worthy brethren, John Bicker, dca' 

*i]'f/-j. iVIary Caruthers of Benningto?!, . . 
N 2 



150 HiSiORV OP THRLt 1- iHt JLDGES 

con Caleb Lyman, and deacon John Dlxwell, vvei»- 
chofcn to faid office vvith great unanimity. 

'' 1725 — April 2 — On this day died that excellent 
elder, John Dixvvell, in the 44th year of his age, greatly 
lamented by this church, and by all that knew his iin- 
guhr worth and abilities." 

In 1710, he went to England to recover his father's 
cHiate, and was kindly received by Sir Balll Dixvvell. — 
It is faid the edate had not been conhfcated. It was 
doubtlefs fecured from confifcation by its being llievvn 
that it was held, at leail in part, by the Judge in truft 
for his brother's children. It appears by the indenture 
of 1682, that the Judge, before his leaving England, 
had made a fettlement and transfer of all his eftates to 
his r^ephews, fuBjecl ho vt ever to " Revocation." He 
made this revocation indeed in 1682, above twenty years 
lifter: yet in 1660, or at the time of the feizure and 
confifcation of the eitates of the regicide;^, no fuch revo- 
cation appearing, the eflate mult at that time have been 
•adjudged in law as veiling in the nephews, efpecially 
coniidering the trufl : and alfo that he being attainted 
cf ircafou, a fubfequcnt revocation by him muffc be bar- 
red. The tnill as well as alhgnment, and efpecially 
bom coni'tiu^lly, would have been fufficient to prevent 
the connicalion in 1660 or 1661 ; and the fubfequent 
relocation, being perhaps a nullity in law^ mud have 
}>re\eated a recovery in 17 10. And it is probable that 
Mr. John Dixvvell, upon advihng with covinfel learned 
.,i th.e law, might find it their opinion that the attain- 
licr and abdication would be adjudged ever after to dif- 
f-nable the Judge from making a legal revocation. — -- 
Whereupon the ellate mull be left to veft in the polTef- 
fors. Whether for thefe or other reafons, yet it is cer- 
tain that Mr. Dixwell returned without the recovery 
of the ellate. And yet he does not feem to have given up 
this matter, for he afterwards intendeil another voyage 
fur its xecovcry, after Sir Bafii'i death, as he had pro- 



OF KING CHARLES I. I5I 

mifed or encouraged him to make a fon, whom he 
Ihould and did name Bafll, his heir. This may induce 
us to give fome attention to a tradition narrated to me 
by one perfon in New-Haven, whofe mother knew 
Judge Dixwell, and who is from her poirelfed of much 
of the Dixwell hiftory ; and which may fugged that the 
rcafons for the nullification of the rev^ocation I have 
mentioned, did not in fa£l operate fo (Irongly, even in 
Qiieen Anne's time, as I have reprefented, but that 
truely in 17 10 the matter was fettled with Sir Baill, in 
fome good meafure to the fatisfa6lion of Mr. Dixwell, 
though he did not then recover the full poiTeffion of 
the family eflate. I fliall (late the tradition as I receiv- 
ed it from this perfon, as derived from Mr. Kilby — 
That Dixwell's papers and all the documents were 
committed to Mr. agent Kilby, who was empowered 
to the purpofe. — That while in England he communi- 
cated them firfl: to afon-in-law of Sir Bafil's, a lawyer 
who had married Sir Balil's daughter and only child, 
who became convinced and fatisfied that the eftate was 
recoverable. But as the knight was aged and vvould 
refent the motion, it was concluded the fon fhould firft 
open the matter to Sir Bafd : Upon doing which, it is 
faid, that the knight, as was expelled, ftormed and 
was in a great rage , airerting that he was the rightful' 
and lawful owner of the eflate. Learned counTel in- 
the law were confulted, and the refult was that the right 
heir was in New- England, and was recoverable efpe- 
ciaily in the more moderate days of the Hanoverian fa- 
mily. Upon which Sir Bafil was foftened, and acceded 
to a compromife. And that by an indenture or wri- 
ting figrted by Sir Ban I, it was agreed with Mr. Kilby^ 
that Sir Bafil fhould enjoy the eflate during his life, and 
alter his death it fhould come to the heirs in New-Eng- 
land. But that on Mr. Kilby's return to America, the 
heir was dead. This heir was Bafil Dixwell, fon of 
elder Dixwell. This is the tradition, perhaps mifla- 
ken in fome circumflancerj and imperfed as to others^ 



t^Z HISrORy OF THREE OF THE JUDGES 

If the matter was really brought to this crifis, it woulvi^ 
not feem that the death of Bafil in 1746, would prevent^ 
the defcent and fucceiFion of the ellate, but that it is 
open to this day, it not being conhfcated : For although 
Bafd died without iOlie, yet his brother John furvived 
him. This {lory was told by Mr. agent Kilby him-j 
felf, who refided fometime at New-Haven about 1 760,; 
and who then propofed ere6ling a monument over Dix- 
well's grave* 

Elder Dixwell, who fettled at Bofton, married M'lfs 
Mary Propit of New-Haven, September i, 1708, by 
whom he had the following children, born in Bofton. 

Bafd Dixwell, born July 7, 171 1. Ob. 1764. 
John Dixwell, born 17 18. Ob. 1749. 
Elizabeth Dixwell, born 1716. Living 1793. 

Innoculation for the fmall poX v/as introduced at 
Bofton for the firft time in 1721, the fame year that, 
through the recommendation of Lady Montague it was 
firft introduced into England from Conftantinople. It 
is the tradition in the family of Prout here, that Mrs, 
Dixwell wasinthefiril experiment, and died in inno- 
culation* Mr. Dixwell married again, and himfclf 
died 1724 ieavin!^ three orphans, all children by the 
Prout venter. Thereupon their uncle, John Prout 
Efci. took thofe orphans home to New- Haven, and be- 
came their guardian. Madam Prout, his mother, took 
care of John ; Mrs. Mansfield of New-Haven, his 
aunty took careof Balil ; and Elizabeth was taken into 
the family of Mrs. Chriftophers, his aunt, at New- 
London. 

Ivlr. Bafd was placed with a goldfmith at Boflon ; 
fettled at Providence; entered the army 1745; and 
died unmarried and without ilfue, at Louilburg, 1746. 

Air. John Dixwell, liis brother, was put to live with 

a brazier in Bofton, where he fettled in bufinefs, and 
entered into trade, and profpered. He married Mils 



O? KING CHARLES I. 1 53 

Hunt of Watertown, and died in Bofton 1749. Of 
three children, Mary only fiirvived to maturity, and 
married Mr. Samuel Hunt, preceptor of the grammar 
fchool in Bo (Ion. 

The daughter, ^rifs Elizabeth DIx well,, who was- 
educated by her aunt Chriftophers at New-London, is 
now living there, 1793, aged 76, the widow relicl of 
Mr. JofephLathrop, of New-London, married April 
22, 1739, by whom Ihe had four fons and Lhree daugh- 
ters. 

Elizabeth Lathrop, born Jan. 23, 1740. 

Jofeph Lathrop, born Dec. 11, 1741. Died'. 

John Lathrop, bom June 7, 1743. NoiiTue, 

Mary Lathrop, born Feb. 3, 1744. 

JofephLathrop, born Sept. 16, 1747. 

Sarah Lathrop, born Jan. 30, 1752. 

Dixwell Lathrop, born July 29, 1 753. KTue 8 chiL 

Mrs. Lafthrop tells me, that about 1745, or 48 years 
ago, upon a folicitation of fome friends here. Sir Bafil 
Dixwell fent over a gratuity in m.onies to the family of 
Dixwell here, of which file received ^^"50 for her ihare^ 
perhaps equal to ;if 20 (lerling. 

I fubjoin a letter of Mrs. Carutliers' an aged grand- 
daughter of Judge Dixwell, now living at Bennington, 
1793, aged 83 ; with three afiidavit?, and two other 
letters from the reverend Mr. Piei-ppnt and the reverend 
Dodor Cotton Mather, procured for me by the reve- 
rend Do6lor Belknap, of Bofton, from Mr. Samuel 
Hunt, who married Mar}', the lad branch of the Dix- 
well family, in Bollon : All which may CGnfirm and 
illuilrate the hiflory of Judge Dixwell. 

^^ Bsnuiui'ton^ April 26 , 179^. 

*'SlR, 

** I received your letter of i6ih February lafl, and 
have att'jndcd to all the matter of information which 
you have fuggelled. I find it ii net la my power to 



154 HISTORY O-F, THREE OF THE JUDGES 

give you the certainty af^riformation required. I am 
now 83 years of age, and hot. expecting to be interroga- 
ted upon the fnbje6t you have mentioned, I have not 
been particular in early life of reirclliing my memory 
v/iththc hiftory of my family. I perfedlv remember 
Illy grandmother Dixvvell, who after my grandfather's 
death, lived with my m.other until ihs died. When 
this event happened, I was eighteen years of age. 

"'I remember of hearing her mention that my grand- 
father, when he came to /America, was a Tingle man, 
and that he had neither brother nor filler living, That 
there were two perfons from England, v/ho were his 
fi'iends (whether they came with him to Bofton or after' 
him, I do not remember) that he ftaid v»ith them at 
Hadley, about fix weeks.- 

*' He communicated to iny grandmother, long be- 
fore his death ins real name and charafter. Mr. Pier- 
pont vv^as vitli him in his lalt iicknef>, and mentioned 
to him, 1 : was apprehenfive that he was ilruck v/ith 
death, lie obferved, that it did not furprize him, he 
was prep.'^.red, and (hould m.eet death as a welcome 
melTengej ; and that after his death, if he would exa- 
mine cerJaui papers in his cheft, he would find his real 
name, ar-d chara6>er. This leads me to think Mr. 
Pierpont v/as not acquainted with his real nam's, until 
the death of m.y grandfather, * although my grandino- 
ther was well apprized of it. 

" I can give no information of Qo^q and Whalley, as 
to their age or the time of their death ; although I have 
heard, as yoi: mention in your letter, they died at 
Hadley; but I cannot fay from whence I had this in- 
formation. What I have related as from iT»y grand- 
iliother I have in perfe6l remembrance. 

** My uncle John Dixwell went to England injthe 

reign of Q^ie.^n Anne. He did not obtain any thing. 

He intended going a fecond" time, but did not. One 

* Air. PUrpmt knew certainly ivho be was in 1685- 



OF KING CHARLES I. i r^ 

Bafil DiKwel], a relation of my grandfather, told my 
uncle, that if he ever had ilfne a fon, and Would call 
him Bafd, he v/ould make him his heir. lie then had 
a dai)ghter> Molly, who died very young ; afterwards 
he had a fon, whom he called Bafil. He never went 
to England, but died unmarried in 1746. 

** My uncle had all his grandfather's papers. It is 
very probable the papers are with fome one of the fam- 
ily. His children are all dead, ciilcfs it be Elizabeth, 
who married a Lathrop, and lived at New- London. — 
She is a widow, and was living when I leftMiddletown, 
in 1778. Should you write to her, or her family, it is 
potlible you may obtain the neceifary papers. 

" As to the property my grandfather may have left, 
I am apprehenfive time has changed the lawful own- 
ers. I have no expectation of receiving any part of it 
formyfelfor children. But iliould you, iir, receive 
any information on this 'ubje6l, or obtain any clue to 
the hillory of Jndge Dixwell, that would enable me to 
give you any further inibrmationj you do me akindncfs 
in communicating it to your aged j but 

Very obedient and humble fervant, 

Mary Caruthers* 
To Ezra S files. 




Nciv-Haveny OSJohcr 31, 1 705. 
*^ Thenperfonally appeared before me John Allini^, 
the fubfcriber hereof^ one of the Ailifiants of her Ma- 
je{>y's corporation of Connecticut, in New- England, 
and juiiice of the Peace, Willi-nn Ja.>c^, Efq^ late 
Deputy-Governor of faia Corporation, aged eighty 
^rA one, and made oath as followetli;, viz. 

*' Thnt'the laid William Jone?, deponent, (iindry 



256 HISTOt^Y Of THREE OF TH^ JUDGE'S 

years, feetween fixteen hiindren and forty, and fixtccii 
hundred and fifty, and in the time of the iitting of the 
Long Parliament, as it was then called, was refident 
at \Ve(i:min!l:er ; And fo had certain knowledge of ma- 
ny noblemen and gentlemen then converfant in court, 
and particularly had certain knowledge of John Dix- 
%ve]l, Efq. and that the faid Dixvvell was a member of 
the faid, Parliament fitting in Weftminifer, and had in 
honorable elleemthon : And afterwards the faid depo- 
nent tranfporting himfelf and family to New-Haven, 
in New-England, was informed of a gentleman of 
manifeft great education, who in other parts of the 
■country endeavored to lead a retired and obfcure life, 
who called himfclf James Davids. The deponent fur- 
ther affirms, that this Gentleman called James Davids, 
removing from one place to another, afterwards cams 
to fojourn in faid New-Haven, w hereby the deponent 
Jiad opportiinity of perfonal acquaintance and frequent 
converfation with him ; and certainly knew well the 
faid James Davids to be the above named John Dix- 
\vell, whom he had often feen and known in Weflmin- 
(ler : and that for fome reafons he faw caufe to abfcond 
in thefe remote parts, and under the name of James 
Davids. Tliis gentleman after fome time married a 
virtuous maiden, Mrs. Bathlheba How, by whom he 
had three children, as appears of record in faid New* 
Haven, one of which died in infancy, two, named 
John and Mary, are now living, and of adult age, re- 
puted and known of all the vicinity to be the lawful 
children of faid James Davids, alias John Dixwell. — ^ 
The deponent furthermore afhrmeth, that fometime 
before the deceafe of faid gentleman, which was in the 
year of our Lord 1689, in his lail and long ficknefs, he 
tincovercd liimfelf and made it known to his friends that 
his true and original name was John Dixwell : and 
that he had been a member of faid Long Parliament, 
and that for fundry reafons he hnd concealed himfelf 
aijj changed his name to James Davids ; So that heie- . 



, OF -KING CHARLES I. 15*? 

-upon his relI6l and children have paiTed ever Hncc under 
the name of Dixweil. The faid deponent doth alio 
affirm and lellify, that the bearer hereof, Mr. John 
Dixvs^ell, is the only furviving fon of the aforelaid jamof 
Davids, ahas John Dixweil. 

" The above affidavit taken the datefirft above me<i- 
tioned. Pr me, 

^*JonN Alling, Affiilant. 

New-Haven, January ij}, 1705—6." 

Then perfonally appeared before me, Jolm Ailing, 
the fubfcriber hereof, one of the Affiflants of her Majef- 
ty's Corporation of Connecticut in New-England, and 
Juftice of the peace, the Rev. James Pierpont Paf- 
tor of faid New-Haven, aged forty-lix, and gave oath 
as folio weth, viz. 

That the faid James Pierpont, deponent, being in 
theyearof our Lord God, fixteen hundred eighty and 
four, called by the people of New-Haven to the Paflo^ 
lal work, obferved among them an aged perfon cf ma* 
nifell great education, Vv^ho called himfelf James Da* 
vids, but was generally fuppofed to be of another name^ 
his obfervable wifdom and great knowledge in the Eng- 
lilli Law, State policy and European affairs, made Joi 
converfation very valuable to faid Deponent, and ren- 
dered faid Gentleman honourable with all that knev** 
him. Yet faid Deponent obferved this Gentleman 
fiudioufly to avoid public obfervation and employment. 
'After many conjeCtures who this Gentleman fliould be^ 
the faid Deponent prefumed he was truly John Dix- 
■well ; which, on a fit occafion, fuggefiing to this QeiK 
tleman in private, he feeraed 'conceeding thereto, but^ 
obliged to fccrecy in that matter : Having been marri- 
ed as faid Deponent was informed, to a virtuous Mai^- 
den, called Batbfhua How \ this Gentleman had bf 
her three children, one fon called John the bearer here- 
of, and VNO daughters^ one of whicli called tAsLXW is 
O 



15S HISTORY OF THREE 0? TH£ JlTDGBS 

now living : The faid Deponent further affirmeth, that 
when Sir Edmund Androfs took the Government of 
Conne6t:icut, the faid Davids, alias Dixwell, brought 
fundry papers (as he faid of importance) fealed up, which 
he requelled the Deponent to take into fafe cuftody : 
and not to fuffer the feals to be broken till after faid Dix- 
vvell's deceafe, declaring it was not fo fafe under pre- 
fent changes thofe wTitings fliould be found in his hand. 
The Deponent alfo affirmeth, that the faid Gentleman 
lallinginto a dropfy in theyear.fixteen hundred eighty 
and nine, whereof he at length died, fent after faid 
Deponent, and fundi-y times fully declared himfelf to 
be John Dixwell of the Priory of Folkeftone, in Kent, 
Efq. and brother to Mark Dixwell, Efq. of Broom, in 
the Pari (h of Oakham in Kent : whofe relict was af- 
terwards the Lady Oxinden, one of whofe daughters 
was Mrs. Ehzabeth Weftrow, with whom faid John 
Dixwell held correfpondence until his death : He fur- 
thermore declared he had been a Member of the Long 
Parliament in the reign of Charles L and for what rea- 
Ibns he had concealed himfelf under the name of James 
Davids, and that his proper name was John Dixwell, 
by whicli his reli6l and children are fmce called. 

The above Affidavit taken the date firil above men- 
'sioned. Pr me, 

John Alling, AffiO:. & Juftice of the Peace.. 

New-Havenj Jan. the iji^ 1705 — 6. 

Then perfonally appeared before me John Ailing* 
the fubfcriber hereof, one of the Affiftants of her Ma- 
jeify's Corporation of Connedicut, in New- England, 
and JufHce of the Peace, Mr. James Heaton of faid 
New- Haven, aged feventy, and made oath as follow- 
•eth, viz. 

*' That the fliid James Heaton, deponent, living 
•next door to one Mr. Ling, there came as faid depo- 
nent obferved, a gentleman from fome more obfcure 
parts of the countr}', lo fojoura with faid Ling: faid. 



OF KING CHARLE$ I. I59 

gentleman called himfelf James Davids : his cloathing, 
deportment and manifeft great education and acconip- 
lifhments, in a little time caufed many to conjedurc 
the faid gentleman was no ordinary perfon, but for 
ibme great reafons fought to conceal both his proper 
name and his chara£l:er, But people could not be de- 
termined in their thoughts until faid gentleman fell fick 
of a dropfy, whereof he died in the year of our Lord, 
fixteen hundred eighty and nine. In that long ficJcnefs} 
having occafion, in preparation for his death, to lign 
and feal fundry writings, he was pleafed to fend for th« 
faid deponent among fome others lince deceafed, to 
fign as witneHTes to faid writings ; when he manifefled 
himfelf to be by name John Dixwell, and fo figned his 
faid writings. This gentleman married with Mrs. 
Bathfhua How, by whom he had three children, one 
fon and two daughters ; one of the daughters died in 
infancy, his fon named John who is the bearer hereof, 
and his daughter Mary are now living, and pafs und^r 
the name of Dixwell. 

** The above Affidavit taken the date firlt above men- 
tioned. Pr-me, 

'^ John Alling, Affift. and Jullice of the Peace. 

*' Extra£ied from New-Haven County Court 
Records, b. 2, p, 2o8." 

Copy of a letter from Mr. Pierpont to Sir Bajll DixivelL 

" New-Haven, May 4., 1708. 
** Honorable Sir, 
" I have the honor of your's to Mr. Henry New- 
man of September 4, 1707, in anfwer to his of the 2cl 
of that month, wherein your honor doth Col. John Dix- 
well the jullice to declare him in the management of 
your father's Eftate, a very honed gentleman and faith- 
ful friend to him, -many papers of his in my hand man- 
ifeit the truth of that charader ; that he deferved the 
faixis and uuich hoRQrablc regard, Ms furviving obleiv- 



r6o HISTORY OF THREE OF THE JUD«rS 

ers cannot forget. They were doubtlefs miftaken who 
informed your honor he died in Switzerland. Anno 
Domini 1684 Lwas called to the paftoral work in New- 
Haven, in the colony of ConnetSlicut, New-England, 
quickly obferved an aged gentleman Avho called himfelf 
James Davids^ his accomplifhments and accurate gery^ 
Ulity Ihewed him to be no ordinary perfon. People 
generally fuppofed there were great reafons of his re- 
jfervednefs. They made their guefs ; but could not find 
liim out. The late. Hon. WiUiam Jones, Deputy- 
taovernor, knew his perfon at Weilminfter ; but could 
iiot recover his true name ; nor was it certainly known 
till his lall: fickuefs, which happened A. D. 1689, and 
;is near as I can learn Anno Etatis 84. His difeaf^ 
fvas a dropfy. He lay long before it overthrew him.-— 
During which time he often fent for me, and fully de- 
clared himfelf to be John Dlxivell of the Priory of Folkr 
itone in Kent, Efq. — and brother to Mark Dixwell, 
Efq, of Broom, in the parifh of Barham in Kent, 
V/hofe relidl was afterwards, if I miftake not, the Lady 
OKinden, one of vvhofe daughters was Madam Eliza^ 
tcth V/edrow, who under the name of Elizabeth 
jBoyes held ccrrefpondence by letters with him till hi? 
(ieath. He decbrcd alfo that he had been a Membei" 
of the Long Parhament, in the reign of King Charley 
^rft, and gave the reafons wherefore he had concealecj 
iiimfelf in fundry places, and under the name of Jame§ 
Davids. He left funthy WTJtings fealed, with order 
they fiiould not be opened till after his death ; whiclj 
accordingly were, and exhibited in the Office of Pro- 
bates : by w^hich doth appear, that he inufl: be truly 
the above faid John Dixvveil, that hs was not only 4 
iiioll honeft "and faithful friend, as your honor mofl: 
gratefully acknowledgeth ; but advanced great funis 
for the benefit of Sir Bafil Dixwell's eflate during his 
minority, which doubtlefs he would with fuitable ac- 
knowledgments have reimburfed, ifhis kind and good 
u^ickhadnct beea unbappily ncceilitaied to withdra\Y« 



OF KING CHARLES T, I^t 

Much more on this head is left under his hand and feal.. 
Your honor's grand- father died I fuppofe about 1643 ; 
left three fons, Bafil, Heardfon and William ; the tvva 
younger fons died in adult. Elizabeth married with 
Thomas Weftrow, who died and left her with fix fmall 
children. Many other particulars I could offer for 
your honor's further alTurance, that your honor's uncle 
died under our obfervation. He left two childrea, 
John and Mary Dixwell, whofe education hath been as 
good as our country and their fmall eftate would allow ^ 
and truly their proficiency, honorable exemplary de- 
portment, almofl: (hews what root they fprang from, 
and declare them worthy of the name of Dixwell.^" At 
the requeft of Mrs. Dixwell and her fon Mr. John, with 
other gentlemen and friends, I have pre fumed to give 
your honor the trouble of this long letter ; but the fatis- 
fadion of finding fome branches of your honorable fam- 
ily and name in New-England, who want little favc 
their father's eftate, or your honor's favorable regards to 
render them valuable in Old-England as they already 
be in New-England. Kin any thing may contribute 
to your further fatisfa£l:ion, fhall ready receive your com- 
mands, and with utmofl truth and integrity worthy m)^^ 
own name and profeilion, fliall (hew that I am, 
" Honorable Sir, 
" Your honor's moft obedient humble fervant^ 
" James Pierpont. 
«* To Sir Bafil Dixwell." 

Copy of a Letter from DoBor Cotton Mather to Sir Bafi 
Dlxivell. 
^^ Boftouy New- England^ Nov. 13, 17 10. 
"Sir, 
'* From remote America there now waits upon yoti 
the only fon of one who was an uncle and a father to 
your honorable father. A word in which I perceive 
your honor already Pjnfible of a very moving and charm- 
ing oratory. With an irrefiilable force, aud a patlios 

o % 



l62 HISTORY OF THREE OF THE JUDGES' 

beycMid any thing that we can fee in the oration for- 
Ligarius, it pleads for a moH: afFeftionate notice to be 
taken of him. The fon of fuch a father ! 

" Sir Bafil has too wife and great a foul to lei any old, 
forgotten, dubious, political confideration extingwilli 
his a£x61ion for the memory of fo excellent an uncle. 
The temptations of that day, when he was on the ftage, 
ivere fuch on both fides, that all generous andcompaf- 
fionate minds eafily bury in a juft oblivion the differen- 
ces thereby occafioned. Alas, how many changes and 
thwartings have you feen fmce tliat day ! enough to 
cool f he mutual rcfentments of what was done in that 
day. Impartial pofterity will confefs there were brave 
n^Gn on both fides ; braver than any which efpouf- 
cd either Fompey's caufe or Csefar's. Our Dixwell 
was one of them. Owr^ in regard of his dying v/ith 
us ; and worthy to be yours in regard of your kind afpect 
on his offspring. He had excellencies that render him 
worthy of cfleem, even from enemies. How much 
niorefiom a kinfman of fo polilhed and fublimed a 
charafler, that he perfectly underflands how far the ties 
of nature are flrengthened by good quality and fuperior 
education. 

** Though your uncle be dead yet Non totus receJJJf 
rcliquit en'im fAlum. Do but call an eye on this his 
only fon. Look upon him, Sir, his perfonal merit 
will fpeak for him. He is one of ingenuity. He has 
a frenius elevated above the common level of the country, 
where he had his birth and breeding. There is in him, a 
mcdeft but yet a fprightly foul ; thoughtful and cautious 
cnoui^h too ; and a natural good ['i'A{<i agreeable to the 
flock of which he comes. A little cultivation which 
the place of his nativity afforded him tiot, would have 
made him extraordinary. 

** He had no fhare in the confufions which diflurbed 

the middle of the former century. And he is pure 

-'bhnk to all the modern dlflurbanccs on your fide the 



OF KING CHARLES J. i6;^ 

water. He forfeits nothing on thofe accounts. Yea, 
I will venture ta fay this of him, though he has lived 
fir near twice f even years in my neighborhood^ I never 
heard that he did one ill or bafe thing in his hie. 

*' He comes not over becaufe he is in any wants or 
flraits ; but Sir Bafii is known in thefe parts of the world 
and well fpoken of. It is known that as he is able {o 
he 13 willing to do good unto many ; much more to his 
cwn klnfman ! He isefteemed a perfon of honor, figure 
and virtue. 'Tis believed it. will particularly, fhine in 
his goodnefs to his own kin/man ! People of the bell 
falliion here have adviied him to intermit his other bu- 
fmefs for half a year and wait upon- his kinfman and fee. 
*Tis in obedience rr) their advice that he does what he 
does. His kinfman '5 reputation will be advanced in 
thefe diflant colonies by doing for him, 

** And among thofe who have encouraged him, from 
an high opinion we have of your generolity, be pleafedy 
Sir, to allow him to number himfelf, who is your ho- 
nor's unknown, but real and humble fervant, 

''Cotton Mather.-" 

Some account of the family of Dixwell, taken front 
fundry papers and fragments now in the pollellion of 
Mr. Samuel Hunt, by Jeremy Belknap. 

Bopn,yulyiSyi']9Z' 
The family of Dixwell was originally of Cotton in 
"Warwickfhire, where it was fubliifing in 1733, in the 
perfon of Sir William Dixwell. 

Colonel John Dixwell, a member of the Long Par- 
liament, in the reign of Charles I. brother of Mark 
Dixwell, of Broom, in Kent, came into New-Eng- 
land at the reiloration of Charles \\. (fuppofe about 
1660) — His Oyle was, John Dixwell, of the priory of 
Folkeilone, in Kent, Efq. but for convenience alfumed 
-the name of James Davids. J3y this A?vixie he was mgr- 



164. HISTORY OF THREE OF THE JUDGES 

ried,. October 23, 1677, to Bathfliua How, at New- 
Haven, before James Biihop, affiftant. 

Under the afTumed name of Davids he correfponded 
with his niece, EUzabeth Weftrow, in London, who 
alTumed the name of EUzabeth Boyfe. 

His other correfpondents were Frances Prince, of 
Amfterdam, J^o Du Boisy London,* Thomas Wejimt)ey 
London,! Humphrie Davie, Bofton. — From this lalt 
he received monies remitted by his friends in England. 
The following is a copy of one of the receipts : 

** Received now and formerly of Mr. Hum. Davie, 
by the direction of Mr. Increafe Mather, thirty pounds 
New-England money, by the order of Madam Eliza- 
beth Weffrow, in England. I have figned two receipts 
for this fum of this date, for fear of mifcarriage, — 
14 June, i68'6." 

The letters from his friends are direded fometimes 
to Mr. James Davids, rnerchantj in New-Haven — 
others omit this addition. They contain chiefly do- 
me{Hc and public news, intermixed with many pious 
reflexions. One of them invites him to Holland, 16895 
but it did not arrive till after his death. 

John Dixwell, Efq. died at New-Haven, March 
18, 1689, aged 82. Neiv-Haven records. 

Tejiy John JlUngy recorder. 

John Dixwell, fon of John Dixwell, Efq. was 
born 1680 — I. March 6, was married to Mary Prour, 
of New-Haven, 1708; removed to Bolton, and was 
chofen a ruling elder ofthe New North Church, 1717 ; 
weat to England in 1710 ; correfponded afterwards 
•with Sir Bafil Dixwell; died in 1724, inteftate. It 
appears from the church records that he was a man of 
great worth, and highly eileemed. 

* Suppofe the hn/hand of FJizaheth IVeJiroiv, 
t Suppoje the Jon of EUzaheth JVejirQW. 



br KINO CHARLES I. l6^S 

His children were, Bafil Dixvvell, born 171 1, bred 
•s rilver-fnuth, then went into trade, refided at Provi- 
dence in Rhode-Ifland ; never married ; went as a 
Lieutenant in the expedition to Cape- Breton, and there 
died, 1746. — Ehzabeth Dixweli, born 1716 ; married 
Jofeph Lathrop of Nevv-Londer, mariner. — John Dix- 
well, born 1718 ; ferved an apprenticeihip with Wil- 
liam Tyler, Efq. merchant of Bofton ; married Mary 
Hunt of Bofton ; died 1749 inteftate ; left two children, 
and his wife pregnant. His fon John died in three 
weeks after him, as did his pofthumous child. His 
•daughter Mary furvived ; married Mr. Samuel Hunt, 
preceptor of the grammar fchool in Bofton ; died in 
1783, leaving four children, three fons, Samuel, John 
and George, and a daughter, Sufanna, who are novr 
living, 1793." 

If it ftiould fcem by Mr. Pierpont's letter that Colo- 
nel Dix well's true name was unknown to him and Go- 
vernor Jones till he was on his death bed ; it may be 
obferved that it was in facSl certainly known to them 
and fome others years before this. To Mr. PierponI 
in 1685, when he recorded his admifiion into ihd 
church by his true name. To Ciarke and th^ iwo All- 
fups, in 1682, witneffes of the indentures of that date, 
figned by Dixwell himifelf with his true as well as aftii- 
med name. To others alio witneifes to other inftru- 
ments figned Dixwell. ^ And the manner in. which hO 
fpeaks of Governor Joiies and his lady, to whom hos 
confided his children in his will, denotes an acquaint- 
ance and familiarity implying, that however at firft he^ 
could not recollect his name, thouo^h he did his perfon, 
yet that he was perfe6lly acquainted with both his name 
and character long before his death. In truth he knew 
it long before Mr. Pierpont came to New-Haven. 

Both the names and characters of Dixv/ell and the 
other Judges, \s ith their concealments, were all along 
duly knawn to fonae few perfoas of coafideuce. The 



i66 HISTORY OF THREE OF THE JUDGES 

honorable Mr. Secretary Wyllys, now living, venera- 
ble for age, and refpedable for family and every per- 
fonal merit, has often told me, and now while I am 
writing, tells me that .bis father had feen yudge Dix^ 
well. His father, fon of Governor George Wyllys, 
was the honorable Hezekiah Wylly?, an aliiftant, who 
after long improvement in public life, died 1741, aged 
70. The Secretary has often heard him fay that he 
knew Mr. Dixwell ; that when a boy he waited upon 
iiis father, then an aififtant alfo, from Hartford to the 
General Court at New-Haven (fay about 1682) when 
they lodged at Governor Jones's during the feffion of 
the Ailembly : and one morning the father in a walk 
took the fon and carried him with him to a houfe on 
the outfide of the town, when a grave old man received 
them at the door, to whom his father paid the greateil 
refpe6l and honor, at which he much wondered. His 
father left him to play at the door while he went into 
the houfe with this aged perfon ; and was gone fo long 
that the ion was tired with waiting. At length his fa- 
ther came out, and returning to his lodgings, as they 
walked along, he afked the fon, who he thought that 
old gentleman was ? He faid he did not know. Upon 
which he further told him it was Mr. Dixwell. This 
was doubtlefs with defign that the fon might afterwards 
recollect that he had feen Mr. Dixwell, when in future 
time he might hear him fpoken of. This muil have 
been feveral years before Dixwell's death. In fa£t his 
true name and chara-fter were perfe6lly known to Mr. 
Wyllys and feme others long before it was formally 
pubHOied by him on his death-bed, to Mr. Jones and 
Mr. Pierpont 4 which Mr, Dixwell defignedly then 
did in an open manyier, though among others to perfons 
who had been well acquainted with it years before in a 
fecret manner. It is not to be doubted but that at this 
jnter-yicw he was benefitted by Mr. Wyllys's fecret lib- 
erality. 



or KING CHARLES I. 167 

Thus I have finiflied the hiftory of the Generals 
Whalley and GofFe, and Colonel Dixwell, who found 
an afylum in the city of New-Haven and at Hadley, 
and in other parts of New-England, during a pilgrim- 
age and concealment of twenty-nine years. AH three 
were of King Charles's Judges ; all three of the Par- 
liamentary and Oliverian army ; all three members of 
Parliament ; two of them of Oliver's moft honorable 
Houfe of Lords ; and all three, like Jofeph in the court 
of Pharaoh, Daniel and Nehemiah in the Court of 
Perfia, of purity of morals, and eminent for piety and 
virtue. 



CHAP. IV. 

An Inquiry into the foundation of the immemorial furmife 
ofjome, and of the belief of others, that Judge f^Fh al- 
ley alfo lies hurled near Judge Dimvelly in NeW" 
Haven. 

THE certain interment of Dixwell here has been 
all along of public notoriety, and univerfaily 
known by all the inhabitants of New-Haven to this 
day. Many of the inhabitants have feen and all along 
been acquainted with his grave and the ftone fet up at it 
■ — but all have heard the report,' and all have believed 
it without a doubt. Not fo with refpecl to Whalley's 
interment here. Few have heard of it to this day, 
and fewer IHll have believed it. But among a fev/ there 
has been an immemorial tradition, however it origina- 
ted, tliat a pair of rough ftones, marked E. W. Itand 
over Whalley's grave, near Dixw ell's. Although I 
have been acquainted witn New-Haven biirying-place 
above half a centiny, vet I never heard cf Vv^halleys 
grave aad it v/a« tatn^^w new to riie v/hcu a gentle- 



.1-6^ HISTORY OF THREE OF THE JUDGES 

man of intelligence, a native of the city, firfl informed 
of it in January 1793. At firft I gave no credit to it, 
becaufe I well knew that he died and was buried at 
Mr. RuiTel's in Hadley, and had entertained no idea 
that his corpfe had been taken up and removed hither. 
But the confidence and ailiirance of this gentleman en- 
gaged me to make a thorough inquiry among all the 
aged people in New-Haven, to fee if I could find any 
tradition of this kind ; I alfo endeavored to fearch my 
own memory, whether among the numerous flying (lo- 
ries and tranfient information I had from time to time 
xeceived concerning thefe perfons, I could recolle6t any 
tranfient anecdotes concerning this matter, which 
through unbelief might have paifed away without ma- 
icing any lading im predion. I have alfo reviewed all 
the fcattered lights and traditions concerning the inter- 
ment at Hadley ; and laid tliem together that every one 
might form his own inductions, conjedlures and judg- 
ment. In this deficiency of certain information fome 
may be curious on this fubjeCl to fee whether any thing 
can be made of fables and traditionary rumours, partially 
imperfectly retained by one and another. All will con- 
fiderthc fa6l of Whaliey's burial here, as unevidenced, 
improved ; feme will believe it ; a few will confider it 
probable ; in general it will be difbelieved ; and none 
will think it certain. In difcuding the fa bj eft I fliall 
indulge myfelf in going into more minutiae than may be 
agreeable, fo as to become tedious and burthenfome to 
mod, while yet others will hereby be furnidied with 
materials for more curious fpeculations, and indu6lions, 
on a fubjedl which, fince the death of the few perfons in 
the fecrets of the Judges, can never be duisfaftorily in- 
vedigated. 

I fhall narrate the mn,tter very much in the order in 
which the information hjxs come to me. Since I took 
up the enquiry, I have recently converfed with almolt 
ail the antient people in this tov*'ri above 60, and find 
that mod of them know noihi'ng of the matter, and nc- 



OF KING CHARLES I. 169 

Vlt heard of it, while among a Tew I find it has been 
itnmemorially prefervcd. My firft information was 
from Mr. Ifaac Jones, a defcendant cf Governor Jone?, 
who fpeakingof it with a certainty that furprized rne, 
I aflred him from \vhom he received it, and what evi- 
dence there was for it. He faid he had alv/ays under- 
ftood it fo, that the ilone marked E. W. was Edward 
Whalley's, and that he had fo confidered it, v/henevef 
he looked on it, for many years part, but could not 
name any perfons with certainty from whom he re- 
ceived it, as neither could he with refpe6l to Dixweil's 
{lone, but confidered both equally certain. He how- 
ever believed he was told it by Mr. James Pierpont, the 
eldeft fon of the reverend Mr. James Pierpont, wliich 
would certainly be a good line of information. I then 
examined the flcne niyfelf with clofe attention, and 
made inquiry among all the families where I judged it 
moft probable fuch a tradition might be preferred, but 
with little fuccefs. If ever there was fuch a tradition 
or furmife is was now almoft obliterated and loft. — On 
the little, however, which I did colie6t, the patience 
of my readers mull: fufFer me to be particular and pro- 
lix, as they can fave themfelves a further perufal, after 
being notified that all v/hich follows, will prove as bar- 
ren, unentertaining, and deficient of fatisfadiori, as 
the difcuiiions of hiltorians on the authenticity of certain 
letters of Mary Queen of Scots : as indeterminate as the 
hifbrical difcuffions of the queftion, whether Fauft, 
Guttemberg, or Cofter, was the inventor of the art 6l 
})rinting ? or whether Columbus, Huetra, or Behenira 
was the iirft difcoverer of America, already beibre cer- 
tainly difcovered and colonized by Modog and the Nor- 
w^egian navigators of the eleventh century. Curiofity 
may ibmetimes innocently lead us into inquiries, even 
on fome fubjeds on v/hich vvc do not expe£l to obtain 
full fatisfadioD. 

As I knew with certainty that Whalley died and was 
:'uried at Hadley, fo it occurred to me m waikin.2: to 
P 



tyO HISTORY OF THREE OP THE JI/DGES 

the burying-ground to look for this E. W. ftone, that 
the fame realons which would induce MefTrs. Dixwell, 
Jones, Biihop, Pierpont, Ruifel and Tillton (ihe only 
men in the world that could be privy to fuch a tranf- 
a(?tion) to effedt the fecret removal of Whalley's corpfe, 
niight induce them to remove GofFe's alfo, though of 
this I have never found the leafi: furmife : I fay as I 
knew and confidercd this, fo when I came into the 
yard, February 19, 1793, to fearch for the one, I 
fearched alfo for the other, as fuppofmg the three Judg- 
es might choofe to lie interred lecretly together around 
Governor Eaton's tomb-ftone. I went upon this fuppo- 
fition, whether it can be fupported or not, and found 
three graves, which for the fake of inveftigation, we 
will put down as Whalley's, GofFe's and Dixwell's. — 
When I firft vifited the E. W. ftone, the mofs of an- 
tiquity being yet upon it, both by infpe£lion and feel- 
ing the lacunar with my fingers, I read the date 16^8, 
thinking it a miftake of the engraver, w ithout once think- 
ing or perceiving that the inverted L might be 5. But 
sftervv-ards revifiting it, I perceived that the L was alfo 
5. The mofs being nov/ thoroughly rubbed off, the 5 
is more obvious than the /I * Now if it read 1658, this 
was two years before the Judges came to New-Haven, 
and about twenty years before Whalley's death ; which 
would decide the queftjon, and fliew that the ftone was 
not Whalley's. The cxtenfion, however, of the line- 
al lacunas in a flrait or direct courfe beyond the curve 
of the 5, in theinanner given in the drawing, feems- 
laiher too much for accident, and has the afpecl of de- 
ficrn and artifice, for deception and concealment. The 
iri^fcription upon the foot-ftone E.V/. and the three fi- 
^^nres 16-8, are plain and diiiindl on both ftones : but 
the interm.ediate figure is obfijure and fomewhat dubi- 
ous on both. In the date of the foot-ftone, the curvili- 
near incifion 5 is pretty difrernible ; as difcernible is 
mc rectilinear tail of a feeminq;ly 7, and I think the 
* Set 



0F Kl^G CHARLES I. 175. 

upper line of the 7 is alio pretty obvious, with every al- 
lowance for the human mind under a certain kind of 
polfible prepoffellion, when, with Watts, we " guefs 
and fpell out Scipio" upon antique defaced coins and 
monuments. The whole feems to form this odd com- 
plex figure Si, which confufes one at firft, and leavefi 
the date to be read either 1658 or 1678, moreobvioully 
the former than the latter. There muil have been fom.c 
reafon for that intermediate fignre being made obfcure^ 
and doubtful, in both ftones. It feems to be too much 
for accident in both cafes. That it fhoukl be fo is un- 
accountable if perfpic^uity had not beendefignedly avoid- 
ed and concealed, when the reft of the infcription is 
rough indeed, but (irong, clear and diftiiidl:. The 
whole isreprefentedin the Plate No. VI. wherein the 
numeral figures particularly are given at full bignefs : 
which I took off by laying a Iheet of paper over the 
ftones, and imprefling my finger over it along the lacu - 
iiDe or engraving ; and thus with a pencil taking oft 
their fhape and pofition. The E. W. as y/ell as the 
figures on the head-flone, are at full bignefs and exa6l : 
the figures only on the foot-flone. On 'which therefore 
every one may form his own judgment. Under this 
conje£l:ure, that the date may be read indifferently 1658 
and 1678, it may contain truth and error; error or de- 
ception if read 1658, and truth if 1678 : as this might 
have been the true year of Whalley's death, not other- 
w^ife certainly known. He was alive 1674, and dead 
before 1679, according to GofFe's letter to his wife. 

Upon the fame principle of defigned deception, it 
may be fufpeded that the M on the litde ftone eight 
feet well: of Dixwell's, may be taken for an inverted W : 
and thus W. G. bedeilgned for William GofFe, -and 
the 80 over thofe initials may be 1680. And if GofFe 
died alfo at Hadley, as Governor Hutchinfon fays, it 
is likely his death was about j68o, for his lall letter 
was 1679, and it is faid he was no more, or difappeared 
fooFA after^ and nut long after Whalley's death. 



172 HISTORY OF THREE OF THE JUDGES 

If M G be William Gofl'e, the 80 at the top mud 

be 1680, and not the age : for Gofte married Whalley's 
daughter, and entered the civil wars and army a young 
man about 1642 : and fo he muii have been born about 
1 01 3 or 1&20, and confcquently could be but 60, ce 
thereabouts, at his fuppofed death, 1680. The figures 
therefore of 80 muft be 1680, if they referred to Goffe. 

Upon this I repaired to the town records, and exam- 
ined the book which contains the births, deaths and 
marriages in town, in which they are regularly entered 
from 1649 to the end of the century. At 1654, indeed 
I^ found the death of Mr. Edward V/igglefworth, an- 
ceilor of the profeiTor. I found that in the year 1658, 
there was but one death in town, Thomas Naih, who 
died May 12, 1658, But E. W. couM not be tha 
initials of his name. Such was the healthinefs of th& 
thil: fettlement, as is ufual in new countries, that the 
<icaths were few and feldom, though probably 500 fa- 
milies now in town, for there were 208 freemen 1644, 
and 333 freemen in 1660; and fo there is the more, 
reafon to think the entries would be accurate. I took 
out the number ol deaths yearly for thirteen years, as 

fC'IioWS ; 

1 649-^^3. ^^3^ — ^' 

i6-o — 5. 1657 — I. Gov. Eaton, 

;^65i— 5. 1658—1. Tho. Nafa., 

1652—2. 1659— 2. _ 

16^:^3 — I, 1660 — 4.. . 

. 1654—4. 1661—2. 

1655—2. 
. I then examined the year 1 678, and found two deaths 
only, viz. Samuel Miles and Timothy Tuttle. Nei- 
ther was E. W. the initials of their names. It feems 
then, if thefe records arc accurate, that no perfons 
died at New-Haven either in 1658 or 1678, the initials- 
of vvjiofe names were E. Vv . This favors the fuppo- 
filion of an interment from abroad, be the dubious ti> 
^. guic^ 5 or 7. This as to the Whallcy llcne, 



OF RING CHARLES I. 1 7;^ 

Astotheconjeaural GofFe ftoiie,' it Is to be obfer- 
ved that the engraving or incifion is plain anddiftrn^l, 
with this linsjular circumflance, that a deep {Irong line 
is drawn along under the M, thus M, moil evidently 
not by accident, but with defign. In, the records oi 
deaths 1680, I found the names (land thus : 

Ephraim How, 

Jofiah, {'on of John Paine, 

Elizabeth, wife of John Harriman, 

John Punderfon. 
But neither of thefe names have their initials M. G. 
Nor do I find thefe initials in the deaths entered for fe- 
veral years hereabouts. Which indicates that if the 8© 
be taken for 1680, this corpfe muft alfo have come 
from abroad, which would accord with the conjedure 
that thefe two graves might have been GofFe's and 
Whalley's whofe naines could not have been expecbed 
to be found in New-Haven town records of deatlis. 

Againft all this there are two very material objec- 
tions : I . The honorable Matthew Gilbert, of New- 
Haven, one of the Affiftants and Deputy-Governor of 
the Colony, died here 1679 — 80, fo this ftone might bs 
his. 2. As his death is omitted in the records, {o this 
invalidates our confidence in the records. I am not 
able to foK^e this laR objection. I cannot account for 
thisomiffion of fo diPcinguifhed and refpedlable a cha- 
ra6ler. But of this I am fure that he was fo honored, -. 
acceptable and reverenced, that it was by no means 
'defigned, but perfe6cly accidental. We know that 
omillions fometimes take place undefignediy, and by an 
unintentional neglecl in thofe public records which are 
mofl faithfully kept. The records of New-Haven, 
efpecially the firft and moH: ancient, appear to have 
been kept with great care and accuracy. I chufe to 
ftare this in the ih'ongefl: manner. So confpicuous a 
perfon no one would think of omitting defignedly. But 
as it was an immemorial ufage, and required from tlie 
P^ 



174 HISTORY OF THREE OF THE JUDGE* 

beginning by law, for the friends to procure the record- 
ing of births, deaths and marriages, and never was the 
recorder obliged to do it ex offlcls until brought to him, 
^o this omifhon mud have happened through family ne- 
glect. And though this might pofTibly take place iii 
other inftances alfo, yet fo eftablilhed was ihe general 
lifage of that early day, that it is very unlikely tbislhould 
liave happened.oFten : fo that there may be a general 
reliance upon the veracity of the records, this notwith- 
ftanding. "Whether this or any better reafon for the 
omiffion was the true one, muft be fubmitted. 

It is poflible then that this M. \V. (lone may be 
Matthew Gilbert ; it is polfible it might have been 
Mary Good,year, or fome other perfon v/hofe initials 
tverc M. G. Let us conlider the probability of its hav- 
ing been Matthew Gilbert's. Now the 80, if denoting 
Id8o, agrees well with the time of his death. The 
contemptible and defpicable appearance of the ftone is 
aoainftit. It will ever be difficult to perfuade a Nev/- 
Haven m.an, and cfpeciaiiy one of tlie family of Gilbert, 
tliat fo fmall and infignificant a (lone was put up at the 
grave of fo honorable an anceftor, and lO diftinguiihcd 
-a perfon in civil hfe as Governor Gilbert. Further, 
tilthough his grave and (tone are not now to be found , 
yet none of t^ic family or friends think of his having been 
buried in that fpot. Tliey Ihcw a very different and 
tliilant part of the burying yard as the original place of 
ihe fcpulcres of their ancellor and of the family of Gil- 
bert, viz. at and about the S. W. corner of the brick 
aneeling-houfe. Kereabout lie many of the Gilbert fa- 
mily, vv'liofe grave-ftones remain to this day, and here 
ihey tell mc Governor Gilbert, llicir common anceftor, 
was buried. - But his (lone is not now to be found. — • 
•Captain John Gilbert vvas {lain by the enemy at the 
invaiion of New-Haven, Ju.^y 5, 1779. His friends 
fought a place for his grave, and buried him in that part 
i>fthe vard where the^Gilbert family he buried. His 
fjD; Mr^Jciftf Giibi-rt, % Uiiu; of tJiit^rprife^ curiolity 



OP KING CHARLES I. 175 

aad information, tells me that when he was feiting up 
a iiont at his father's grave, he took pains to look for 
that of his anceflor, the Governor. Not being able to 
find it, he enquired of a Mr. Jofeph Brown, the New- 
Haven antiquarian, remarkable for embofoming in his 
fcrong memory more of our antiquities than any man I 
was ever acquainted with. He was born 1701, and 
lately died aged 90, in the full poiTeilion of his mental 
powers, his memory being good to the lafc. Mr. Brown 
told him he well remembered Mr. Mattiiew Gilbert's 
grave- lion e, and that it {lood in that part of the burial- 
grouiiii where the Gilbert family were generally buried 
— that at the time of building the brick meeting-houfe, 
which was about 1754, they encroached upon the eafl:- 
ern fide of the coemetery, and took down feveral grave- 
ftones, and among others this of Mr. Matthew Gilbert, 
the antient Alliilant and Deputy-Governor : and that 
he ihould judge from his recolle6lion, that this grave 
was diredlly under the S. V/. corner of the brick meet- 
ing-houfe. Adjacent and quite contiguous to this S. W. 
corner of the meeting -houfe, has been the immemorial 
place of the Gilbert family. This I confider as deci- 
liveproof that the M. G. (lone in queuion, ten rods 
N. W. is not that of the honorable Matthew Gilbert, 
Efq. though he died in the winter of 1679 — 80. As to 
which M. G. ftone there is no light either from the bill 
of mortality or traditicn. It might be Golte's • it might 
have been fomeotlierp::ifon's ; but it certainly v/as not 
Mattiiew Gilbert's. And there being no perfon of 
thofe innuials in the bill of mortality for 1680, leaves 
room tor a fufpicion or conjecture, that like E. W. it 
might dehgnate an inlerment from abroad. 

Mad:>m Wliitilefey, aged 60, reli'£i of the late re- 
verend Chauncy Whitllcfey, tells mc, fhc has oiten 
heard Mr. Prour, tlie aged genileman treafurer of the 
college, whom I have hereioforc mentioned, narrate 
the llory of the three Judges : v.vaI among other things 
he i?,idf xh^i Vawdi died here^ \md iiS tg Ui-q oih^r twi?^ 



176 HISTOnV OP THREE OF THE JUDGES 

one of ihera died and was bnried at Hadley m Mr. Ruf- 
fel's celler, and the other they knew not what became 
of him ; but fonie faid that he came off to the weft ward, 
and fome, fays he, have fuppofed that he lies buried in 
our burylng-yard ; but of this, fays he, no one knows 
any thing with certainty. However new and unthought 
of this was to me when Mr. Jones firll told me of it, 
y@t upon converfmg with many, and hearing fo much 
faid upon the matter, I fet myfelf to recoliedl whether 
I had ever come acrofs any thing of the hke before, — 
And I do recoile6l that fome time or other above forty 
years ago, or 1750, when Mr. Prout firft Ibevv^d me 
Dixwell's grave, he added, ** and fome have thought 
that another of thefe Judges lies buried fomev/here in 
ourburying-ground, but where is unknown." But I 
have no remembrance that it Vv^as he that furvlved and 
came off from Hadley. It made fo tranfient an impref- 
fion upon my entirely incredulous mind, that it has 
been for many years totally obhterated. And though I 
ROW clearly recolle6l the iiying fable, yet I felt and con- 
Iidered it as a vague rumour or furmife, wholly without 
foundation, I gave not the lead heed or credit to the 
furmife. 

Some pcrfons are of a Angularly tenacious and reten- 
tive memory, and treafure up things in converfation 
which evanilh from others who hear them with curfory 
inattention. Such is Mrs. Beers, confort of Ifaac Beers, 
Efq. born in this town 1746, and now aged 47. She 
is well read, is an excellent hiilorian, and is veifcd in 
the family anecdotes and antiquities of New-Haven. — 
She is of the Mansfield family, and a lineal dsfccndant 
from Major Mofcs Mansfieltl, her great grand-father,. 
who died 1703, aged 63, and Vvho was one of the ap- 
prif^'rs of Dixwell's eflate, and made up his inventory 
for the probate office, and was intimately acquainted 
with the hiiiory of Dix.well after his death, and I pre- 
furae with the hiifory of vVhallcy and Colte. Her 
grand -mother was of the family of AUing, the alTiibnt, 



OF KING CHARLES I. I77 

about the clofe of the laft century, alfo well acquainted 
with the ftory of the Judges. The honorable John Ai- 
ling, Efq. had three daughters, fenfible, very worthy, 
and venerable, and fociable matrons, one of whom 
was Mrs. Beers's grand- mother. They often met to- 
gether on focial viiits at her grand-father, deacon Manf- 
field's, fon of the Major, who was born 1684, or four 
years before Dixwell's death, who was alfo full of the 
lloryof the Judges. This vifiting circle and family 
connection had tiie greatefl: efteem and veneration for 
the Judges, and in their vifits together were often talk- 
ing over the llories about them. Mrs. Beers, when 
young, was often among them at her grand-mother's^ 
and heard thefe good ladies converfe on thefe matters, 
and tell ail the anecdotes concerning them. She ufed 
to fit and lillen to them with attention, while the other 
grand-children took little notice of the difcourfe. So 
different are the taftes of children, that what ftrikes one's 
curlofity will not touch another's. Mrs. Beers was 
born an hiftoric genius, and curiotis narratives vv^ere 
food and delight to her mind. I think this particularity 
in defcribing chara6lers necelfary. In this cafe, towards 
making the rnoft or bell of w^hat otherwife might he 
deemed information too flight to have any v/elght. — * 
Mrs. Beers has from this fource as much of the inter- 
efting hlftory of the regicides, not only of DIxwell, but 
GofFe and Whalley, as mod perfons, and narrates fe- 
veral anecdotes with fmgular precifion and accuracy ; 
but as they coincide with what I have gone over before, 
from other more certain fources, I do not repeat them. 
But v/hat I prlncipj^lly aim to avail myfelf of from her, 
is what refpe6ls more than one of the fu.'/^es being buried 
in New-Haven. From the converfation of her grand- 
father, and thefe pious matrons among themfelves, fhe 
was as indelibly ImprelTed with the idea that ** they all,'^ 
that Is, all the other Judge?, lay buried here, as that 
DIxwell was here, and had no more doubt of the one 
than the ether. She car^^ot: diHiadly rsniec^ber i^ie 



I7S HISTORY OF THREE OF THE JUDGES 

heard this or the other of the women fay fo ; bat theif 
repeated, long and uniform converfation left this im- 
preffion on her mind. She always fuppofed that the 
reft of the Judges lay here. She had not, however, 
been (liewn the graves till fince {lie grew up and was 
married. But about the beginning of the war, or 1776, 
upon gentlemen's being engaged to vifit the Judge's 
grave, llie had a curiofity to vifit not it, but them alio, 
for hitherto (he confidered all of them lying here. Ac- 
cordingly walking with Mr. Beers into the yard, he 
ihewed her Dixwell's ftone ; and after viewing and 
reading the infcription, (he turned about and faid, 
** and where are the others ?" Upon being told there 
was no other, Ihe could fcarcely believe it, as fhe had 
always conceived from the converfation before mention- 
ed, that the others lay there alfo. She faid the others 
inuft be there : but being aifured there v/ere no other^j 
though (lie faid fhe felt difappointed, and knew not how 
to account for her miftaken idea, yet (he gave it up as a 
miitake. But to this day the impreilion made by th& 
women and her grand-father refpeccing not only more 
than one, but all of them lying there, is ftrong, and 
yield only to the hhloric evidence, which fheconfiders 
certain, that the others died at Hadley. But her in- 
formation feels to her to this day as if all were buried 
here. But how they fhould come here ihe has not the 
leaft trace of information, conceiving in her own mind 
that they had all died here. She never heard any thing 
about any removal of the corpfes from Hadley hither, 
and never was impreffed with any fuch thought, nor 
heard a fuggeftion of the kind : while yet till that time 
Ihe had no doubt but all of them were here. This, 
however, iliews that twenty or thirty years ago it was 
in the idea of fome that more than DixwcU was here. 
A member of Congrefs, now living, when pafling 
through New-Haven to Congrefs in 1774, vvas fhewu 
Dixwell's and Whalley's ftones at the fame time, with 
fuch information!, that, in 1793) he faid he doubted 
not that both lay here. 



©F KING Charles r. tyg 

It has always been in public fame that of the twc* 
Judges at Hadley, one died there and was buried in the 
minillei'sceller ; but which this was, was never faid , 
and that the otb.er, to cfcape Randolph's dangerous 
fearches, difappeared, and was fuppofed to have gone 
off to the weft towards Virginia, and was heard of no 
more. This I perfe^lly remember to have been the 
current ftory in my youth'. No one in converflition pre- 
tended to defignate which was which, until 1764, when 
Governor Hutchinfon iirft pubhfhed his hi (lory. Ever 
fmce this, for now about thirty years paft, the public 
rumour has fometimes fpoken with more precifion and 
accuracy, defignating Whalley as the firll that died at 
Hadley, and that he that fame confidered as going off 
to the weftward was Goffe. It is neceiTary to diftin- 
guifh the two periods, that from 1680 to 1764, and 
that for the laft thirty years, as the fame reports are 
fpoken of with different information in the two periods. 
When therefore Mr. Prout and others ufed to fpeak of 
one going off to the weftward, no one before 1764 
thought of its being Goffe more than Whalley. Since 
1764 every one might know it w'as Goffe if either, and 
certainly not Whalley. Hence the few here who have 
immemorially had the idea ot Whalley's ftone, had not 
the refutation at hand till 1] nee 1764, that it could not 
be his, becaufe he was the one that died at Hadley. It 
feems to have been the idea of Mr. Prout and the few 
others, that the E. W. ftone denoted him that went off 
from Hadley weftward, and was overtaken by death at 
New-Haven, and fecretly interred here by his friend 
Dixwell, v/ho had the fam'i reafon for fecrcting E. W.. 
as himfeif. And yet the information of Hutchinfon, 
does not feem to have been fo accurately attended to, 
even by fome few judicious perfons, as to have abolifh- 
ed this traditionary conhdcace ftili to this day, that this 
is Whaliey'.s.iEone : and moft of tlie people in New- 
Haven t£.lk to ihis day only with the tradidonary know- 
ledge antecedent to 1764. 



l80 mSTORY OF THREE OF THE JL'BGES 

When I fiiy that the public did not diuinguiili liil 
1764, I v^/ould excty;t the Riiii'd family at lead, and 
perhaps the Tillton family. Ent there is reafon to 
think, while accuracy was foon loil: in other familieg, 
fome of which might be poiTeiled of particular inform- 
ation, the truth v/as kept up the longed in the Ruffel 
family, which was the depofitory of a trunk of manu- 
fcripts of Goffe's and Whalley's, which came down 
imdifperfed till fmce 1760, remaining and preferved 
at Barnflable from foon after the death of the Judges to 
that time. Tvlrs. Otis, of Barnftable, a grand-daugh- 
ter of Mr. Rufiel of Hadley, as I ha\'e before obferved, 
fpent much time in reading thefe manufcripts, as fae 
has told m.e, and gave me much account about them, 
being thorou.ghly verfed in the hifrory of tlie Judges. I 
do conceive that Mr. RulTel of Barfiftable, and Mr. 
Ruflel of Eranford, both minifters and fons of the Had- 
ley Ruifel, were perfe6lly acquainted with all thefecrets 
of this hiftory beyond any men. Others had it partially, 
thefe perfedly. I had it in my power thirty years ago 
to have become perfectly acquainted with the fubjedt, 
and now regret that my curiofity w^as not ftrong enough 
to have excited me to improve an opportunity now loil 
by death ; which has buried much certain information 
in an oblivion from wliich it can never be recovered. 

In this failure oi prhnary and certain evidence, and 
nvhile v/e are left to avail ourfelves only o^fecondary^ tra- 
ditionary and derivative i-nformation, I think not im- 
proper to fiate the dangers during the lives of thofe con- 
temporaries who were in tlie fecret of the Judges, with 
v;hojn all certain information perilned, and to ihew 
that fure and certain information has continued the 
longeft in the RulTel family, from whom it is poIPible 
tlie tradition of the burial of another or the other 'judges 
in New- Haven may have derived. A repetition of 
fome circumftances and fav^s, may be pardoned, as 
fubft-Tving different applications and ufes in the courfe 
of tills hiiiory. 



©F KING CHARLES I. l\h: 

1 have already obferved the dznger that srcfc lo the 
judges and their proteclors from Randolph, during the 
period of thirteen years, from 1676 to 1689. All 
which time he was an infidious fpy upon New-Eng- 
land, with Argoseyes, and with the zeal and acrimony 
of an in^uihtor-general. By his crafty and incedaiH 
fearches for mifdemeanorSj became acrofs fome lights 
concerning thefe Judges, Jong thought by the minHhy 
to have been dead in foreign lands. Whalley died ihon 
after, or about the time of Randolph's firll arrival, fay 
I-67§ or 1676; and Goffe evanilhed after 1679. In 
1684 was Randolph's moft vigorous fearch ; but it feems 
it was judged not prudent and fafe to inform him of 
their death, undoubtedly becaufe the perfons of their 
concealers were in<langer of being called in qiieflion by 
his inveterate malice, or kaft violence fhould be don'c 
to their graves. It is probable he never had any notice 
or fufpicion that Dixwell was here, Whalley being 
under fuperannuation, might feel no alarm, if livings 
and he certainly was dead before Randolph's exertions. 
But GofFe and Dixwell, and their concealers, mud 
Imve been greatly alarmed. We may confider all the 
three Judges alive 1678, Goffe and Whalley dead by 
1680, and ail w^re dead by 1689. 

Such was the vigilance, a6livityand malice of Ran- 
iiolph, that the two adually furviving Judges had rea~ 
fon to think that both their perfons and afhes would not 
efcape his malicious vengeance, if difcovered. There 
was therefore a fufficient and very powerful inducement 
for the concealment both of their perfons and places of 
interment. And the danger of fome accidental difco- 
very might induce a removal of the bodies of Goffe and 
Whalley from Hadley to New-Haven, in the danger- 
ous period about 1680 to 1684, while the ravenous 
Randolph was making inquifition. And. although the 
ftorm was in fome meafure blown over foon upon the 
death of Dixwell, and thefeizure of SirEdmond An- 
ckofs one month after, or April 18, 1789 ; yet thecon«* 



iSa HISTORY OF THREE OF THE JUDGES 

cealers, who were liable to be profecuted and adjudged 
aiders, abettors, and acceflfaries in treafon, would not 
feel eafy under the poffibility of detection, during their 
lives ; and woiild have every motive to continue the 
concealment of as much of the affair as pollible. To 
ihew the danger of concealing traitors and obnoxious 
pcrfons, knowing them to be fuch, we need only ad- 
vert to the execution of Lady Alicia Lille, reli^l of one 
of the regicides who died abroad: a fa6l well known 
jit the time by the accomplices concerned in the con- 
cealment of the Judges in New-England. This pious 
and venerable lady furviving her confort, and living in 
peace for many years, ** wast-ried in 1685, by thatdif- 
grace to human nature, Judge Jeffries, for concealing 
a Mr. Hicks, a diifentingminilter, and Mr. Nelthorpe, 
who attended the Duke of MoniPiOuth, when he made 
his expedition into .England." *' She was beheaded at 

Weftminder univerfally pitied. [Noble's Memoirs 

ff the Cromwell family. V. 2. P. 471. 

This came over to New-England, and though an 
event after the death of Whalley and GofFe, muft have 
excited terror in Dixwell, Rulfel and Tilton, and the 
arentlemen in New-Haven then hving and conceahng 
jDixwell ; and confequently, ifdetedled, more obnox- 
ious than Lady Lille. It ir.ufl have made them very 
caution?. Every thing therefore continued to be kept a 
profound ferret ; nor do I think that Hadley itfelt had 
any knou ledge that they had embofbmed and enter- 
tained angels, till after the feizure of Androfs, and the 
news of the revokition, if indeed till after the death of 
their miniiter, Pvlr. Paillel, in 1692, or the recording 
of Dixvveli's papers in 169 1 ; after which the affairs of 
the Judges began to be more freely talked of. 

After the revolution and extirpation of the Stuart fam- 
ily, 1688, and ths halcyon days of the new charter of 
Mallachiifctts, in 1692, from King William IIL and 
efpccially aft^r the public probate of Dixvvell's will, 
168^^ :ind recording of his indentures, 1691, figiici 



OF KING CHARLES I. 183 

James Davids, alias John Dixwcll, and his avowal up- 
on his death- bed of his being one of the Judges, it be- 
came impollible to keep up an entire concealment ot 
their refidence and prote6lion at Hadley and New-Ha- 
ven. Yet even in thefe open times, and when fo much 
of their hiftory was got abroad, fome reafons or other 
operated both againft the full developement of the affair, 
and of the perfons concerned in the prote<5lion, and 
alfo for the continuance of the concealment of the places 
of the interment of GofFe and Whalley. 

The reverend 'Mr. Ruffeland Mr. Tillton knewv^'lth 
certainty what was become of Whalley and Goffe : and 
it is not to be doubted that Dixwell, Pierpont, Jones^ 
and Biihop, knew the fame thing with a derivative cer- 
tainty. They could have as eafily communicated the 
certainty of the place of interment, as of their refidence 
and death. There was a reafon of weight with them 
why they did not, or if they did at all, that it fnould be 
confidential, and not for the public. Should we m.if- 
takein conjeduring the reafon, it is of no moment.— 
Enough for us to know that there v/as one, and that it 
wrought too efficacioudy. Perhaps it was partly to pre- 
ferve the bodies of the deceafed from violence, and prin- 
cipally to feciire the. perfons of the proteiSlors. Thi,s 
ialt endured till the death of Mr. Pierpont, at leaft 1714 
— and yet tlie moil of the gentlemen a6live and in the 
fecret, died before and about the revolution. Govern- 
or Jones and Mr. Pierpont furvived the longed. Let lis 
/late the perfons in danger, and the times of their deaths. 

The reverend Mr. John Davenport, ob. March 15, 
1670, aged 72. 

The revej:end Mr. RulTel, ob. December 10, 1692,. 

Honorable Peter Tillton, Efq. ob. 

Governor Leveret, ob. 1678. 

Governor Leete, ob. 1687. 

Governor Jones, ob. Odjtober 17, 1706, aged 82. 

His Lady, ob. April 4, 1707, aged 74. 
Deput) -Governor Biihop, ob. June 24, 1691. 



1^4 HtSTORY OF THREE O? THE >UDGES- 

judge Dixwell^ ob. March 1 8, 1688 — 9, aged 82V 
Reverend Mr. Pierpont, ob. Nov. 22, 1714, M 55a- 
Mr. Richard _SaltoniiaIl went to England 1672, re- 
turned 1680, went to England again 1683, and died 
there April 29, 1694. 

The moft of thefe v/ere deceafed by 1602. Certaia 
information furvived into this century only with Jones 
m\<\ Pierpont, and the two brothers, RulTels, of Barn^ 
liable and Branford, and poflibly fonne few others un- 
known to me ; and after 173 1, only with him at Barn- 
ilable, and expired whh his death, 1758, unlefs it fur»^ 
vived with his brother, honorable Judge Jofeph Rulfcl> 
^^ Briflol, who died about 1775. 

It may be proper to diftinguifli the degree and ftate of 
information under three different periods : that from the 
^cceilion of the Judges to America, 1660, to 1690, or 
xather the death of Mr^Ruffel, 1692 ; that from thence 
to the death of his fon at Branford, 1731, and laftly,; 
Che period from thence to the prefent day. 

I. The jF.rfl may be called the period of fccrecy and 
l^ublic ignorance. For though witiiin this fpace of about 
the iirfl thirty years there was a little open knowledge of 
them at the beginning, vet they foon fo evaniilied and 
fcuiied themfelves from the public view, that excepi 
ibme little apprehenfions of them in 1664 and 1684, 
•whicli foon pafl'ed off, they were i'o 1o(l that the body of 
fe people, the magiflrates and miniilers, thought and 
knev/ no more oi them than if they had been in Swit- 
zerland, and really fu])pof?d they had abdicated the 
continent. They Were willingly and really ignorant. 
All the knowledge there was oi thera was certain, but 
it was confine^l and fniit up in the endangered bofoms 
cjf the itw confidents immediately concerned in aiding 
in their conceahmcnt ; and thefe few were fome of thvj 
iK-Il and moft excellent charadters in the country, both 
civilians and minider?. It may be faid therefore that 
the yesr 16(^0 fouad the country anid world in total igno- 



OF KING CHARLES I. 185 

ranee. Two had been now dead for ten or a dozen 
years, and the other was alfo then deceafed. 

2. The fecond period opened with a certain portion 
of corfimunication or degree of pubhc difcovery, which 
fpread in a general, vague and bUnd manner through 
New-England, and has continued much the fame to 
this day, with only this difference, that the means of 
certain information, as far as the information was ac- 
tually imparted, continued in being, and could at any 
time be appealed to, by fufficient numbers to fupport 
and eftabhfh the public affurance, during that term. — 
This expired with the death of the RuiTels. A part of 
their hiftory was communicated, and part (till conceal- 
ed to the end ; and this was done with thoroughly me- 
ditated defign and counfel. That they had all along 
lived, and that two of them died in the country, and 
the places of their concealed abodes, were difclofed and 
afcertained. But for fome reafon or other, the flight or 
death of GofFe, and the graves and places of interment 
of two of them were concealed, though equally known 
to the few in the fecret. The reft of their hiltory was 
fufficiently and defigncdly communicated. I fay fuf- 
ficiently, although with a cautious avoidance of a too 
particular account of the refpedlive agency of each par- 
ticular perfon, and the fources, mode . nd inftruments, 
through which fupplies and comforts were adminiftered 
to perlbns attainted and fubje6led to the PerdueUionis ij 
Icejce Majejiatis Pcena, 

It being determmed to conceal the graves, it became 
neceffary to frame and adjuft a narrative accordingly,, 
adhering to the truth as far as any thing was pofitively 
communicated, and leaving the public to their own de- 
du6lions, inferences and conje6lures for the reft, which 
fhould be fuppreffed. Thofe in the fecret were very 
"willing to let the public bewilder and deceive ihemfelves 
on a matter as to which they had no right to informa- 
tion; on which information might induce danger totli9 



i8y HISTOPV OF THREE OP THE JUDGL.? 

bones of tlicir deceafed friends, if not to ibme furvivorg^ 
We may then diilinguirh the ftate of the public in- 
formation during this period into what was certain, and 
what was MwrnW?; ; and again the fee ret knowledge 
preferved among a few at fu-il: equally certain, but now 
Io/9. I have already faid that there was pubHc certain 
information, l. As to the places of the actual refidence 
of all three. 2. That one died at Hadley, and was 
buried in Mr. RulTel's cellar or garden. 3. The An- 
gel ilory. 4. That the other one di (appeared from Had- 
ley foon after the death of the firft. 5. The time of 
Dix well's death, and the place of his grave. 

The information or conje6lures which were left 
vague, undetermined and uncertain, and which were 
^•ithin the certain knowledge of a few durinsc this period, 
v.ere, i. The remaining hiftory of GofFe, and the 
place and time of his death. 2. The removal of the 
L'.idies of GotTe and Whalley to New-Haven, if this 
was fa 61. Thefe things were once within the certain 
knov/ledge of Ruifel, Tillton, Dixv^^ell, Pierpont and 
Jones, Thereafons which induced them to withhold aE 
ficlaircifTement upon thcfe fubjc6ls continued to their 
d«?aths, and with them all primary certain infoi-mation 
terminated. In truth there occurred no time during 
their lives in which tlie full development of the hiftory 
of the judges would not have endangered the dilturbance 
of their bones, a thing frequently threatened even down 
to the prefent day, and which was probably the ulti^ 
mate and commanding reafon for concealment. Sa 
late as the laft French war, 1760, fome Britifh officers 
pafling through New-Haven, and hearing of Dixwell's 
grave, vi filled it, and declared with rancorous and ma- 
licious vengeance, that if the Britifh miniftry knew it, 
they would even then caufe their bodies to be dug up and 
riliiied. Often have we heard the Crown Officers 
afpcrfingand vilifying them ; and fome fo late as 1775 
Yifitcd and treated the grave vvith marks of indignity too 
indecent to bs mer)UOj*ed; It was clpecially dangerous 



OF KING CH-ARLES I. 187 

in Qiiecn Anne's time, and even during the Hanoverian 
family, there has been no time in which this grave has 
not been threatened by numerous fycophantic crown 
dependants, with indignity and miniilerial vengeance. 
All which will flicw that the reafon for concealment 
of the graves of Goffe and Whalley continued to the 
end of the hves of thofe who were polTefled of primary 
certain knowledge. In confequence of which all that 
they left from them to the public, was with ** it is faid," 
and ** fome fay," and " fome have believed," and 
^* fome have fuppofcd" — that one was buried in Mr. 
Ruffel's cellar or garden ; that the other was buried in 
Mr. Tillton's garden, or went oiF weftward towards 
New-Haven, Virginia, &c. This was what came 
from the really knowing ones, when preifcd with the 
queftion. Where were Goffe and Whalley buried ? — ■ 
They left the public perfe6lly uncertain ; although I 
believe they left or knew the pubhc to conceive with 
one general confent that they were both buried privately 
in fome place unknown in Hadley. Nor had the pub- 
lic the lead idea of their removal. If Randolph had 
found out their deaths, which took place in his time, 
and had been empowered to dilturb their graves at Had- 
ley, he mjght have been pointed to the places in which 
they had been truely buried, and leaked his malice up- 
on earth then uncharged with fuch precious relicls. — 
The Judges were Oliverians, and might have placed 
an illufion of their enemies, as the Protector is faid to 
have done, by enclofing the decapitated Charles in 3 
coffin^ infcribed with his own name, in the certaia 
forefight of future indignity. 

During this fecond period, or the period of certainty^ 
the lew perfons of primary certain information, might 
take efFe6lual care to impregnate a feled few, with de- 
rivative d^ndjecondary certain information, that it might 
be fecurely tranfmitted to the times of fafety. That is 
Mr, RulTel of Branford, Governor Jones and Governor 
Jiiliop, perfoDS of primary certainty, might «)nfiden'> 



tSB HISTORY OF THREE OF THE JUDGES 

tially impart it to Major Mansfield, the Ailing and 
Trowbridge families, with whom Governor Leete'> 
family had become connected by marriage, and a few- 
others at New-Haven, to continue the tradition. And 
if the bodies were in fa6l removed, thefe might be thus 
pofTeffed of a Jecondary certain information of the fa6^, 
and of the place of their graves in our burylng-yard. — 
And yet death might have overtaken them before the 
timeof fafety for public promulgation. In which cafe 
the next generations mult be left to fable and the vague 
and unevidenced traditions of the prefent day. Thus I 
have gone through the ftate of information to 1731, or 
the death of Mr. RulFel of Branford. 

3. The third period maybe that from 1731 to the 
prefent day. In the beginning of this period and 
down to 1748, the death of Samuel Bifhop, Efq. aged 
82, fon of the Governor, there were ftill means of 
continuing certain and authoritative information from 
them who were firft concerned. But whether the thing 
grew into defuetude, or whether they communicated it 
to perfons of unawaked curiofity or heedlefs inattention, 
or from whatever canfe, the thing is fo gone from us, 
that from a very diligent inquiry at Hadley and New- 
Haven, I have not found 3 iingle perfon that can fay- 
that whatever knowledge they now have, they received 
it fiK)m any of thofe ancient perfons now dead, whom 
I know, or have reafon to think, to have been polIelTed 
oi i\\Q fecondary certain information. I have reafon to 
think indeed that fuch perfons of a third defcent in de- 
rivative evidence have been to be found here till 1775. 
And I believe about that time the line of authoritative 
information ceafed. None now living can fay that they 
were told by Mr. Samuel Biiliop, fon of the Governori, 
or by any other perfon poilefTed of certain derivative in- 
formation where GofFe died, or whether the bodies ot 
Whalley and GofFe were removed, or where finally de- 
pofited, either at. Hadley or New-Haven. As to thefe 
things all authoritative iuforniation is at an^ end^ 



O? KING CHARLES f* itq^ 

all terminates in immemorial tradition. I mean this 
with refpe^l to that fecreted information which was 
long prelerved and tranfmitted among a few, but never 
left authenticated ; not with refpeil: to thofe certain 
fa£ls before ftated, as given forth at the firft promulga- 
tion of the hlilory of the Judges, about 1692 ; of whicb 
authentic documents are preferved in Hutchinfon, as- 
well as in unq.ucftionable tradition. 

4. There remains however fome traditionary noti* 
fias, which after the failure of the Hne of certain in-- 
formation, fome may have the curiofity to attend tOj 
and expend fome little pains in attempting to account 
for, or perhaps adventure fome dedu61:ion5 and inferen- 
ces from them. I (hall therefore reprefent airJ (late 
them at large, leaving every one to mrl'e their ow» 
improvement of them. 

I have obferved, that though heretofort unknown i& 
fne, I have lately found, that there has been an imme-- 
morial tradition anx^ng fome veryfewperfonsin New- 
Haverr, that more of the Judges than Dixwell, and 
that particularly Whalley, lies buried in New- Haven* 
The moft of the inhabitants now Hving know nothing 
of it, nor have ever heard of fuch a furmife. I have 
converfed with almoft all the very aged inhabitants now 
living, and with above fifty aged 60 and upwards to 90 
— and have not found above two or three who feem to 
have ever had the idea. I have converfed with num- 
bers under this age, and have found but five now living 
who have had this idea ; but thefe have it flrongly ana 
immoveably. The firft of thefe was Mr. Ifaac Jones j 
and though a defcendant from Governor Jones, he dees 
not pretend to derive it from the Jones but the Pierpont 
family, which is equally original. This is only as to 
the E. W. ftoneas Whalley 's, but not a wordof GofFe's 
being here. Two others I can trace to the Mansfield 
and Ailing families, of derivative and fecondary cer- 
tainty. One I trace to a diretSt and immediate deriva- 
tioa from Samuel Bifhop, Efc]^. {qh of the Governor^ 



19^ HISTORY OF THREE OF THE JUDGES 

ivho was of primary information, and undoubtedly af- 
fifted in the removal and interment of Whalley here, 
if indeed he ever- was interred here. The derivation 
from Mr. Fierpont refj^eds Whalley ; that from Manf- 
field, Ailing and Bifhop, aflerts that other and all the 
Judges lie buried together here. But when I afked 
how they came here, thefe informants knew nothing 
of the matter, and not one of them feeraed to have 
turned it in their thoughts ; -^nd particularly upon my 
affuring them that Whalley certainly died at Hadley, 
and muft have been taken up and lemoved, they all 
dechire they never heard any thing about fuch removal, 
nor could recolle6l tlie leaft furmife of the kind. Mr. 
Jones is. particular and confident as to "^Vhalley being 
here, but nf:ver heard of GofFe being here, nor of any 
removal. The others never difcriminate.' the names of 
either GoJe or Whdley, but only that all the other 
Judges befides DixwU lay here, as v>'ell rs Dixweli. 
Mr. 1/Iofes jM!ansfield, now living, a great- rravid-fon 
of Majox- Mofes Mansfield, received informajoii not 
only in the 'MansHeld and Ailing families, from both 
of which he is defcended, but mod particularly from 
Mr. Job^Eifhop, f()n of Samuel, and gr.^nd-fon of the 
Governor. I.lr. Job Biihop was curious and of reten- 
tive memory in thefe matters, and was full of the anec- 
dotes and memoirs of the Judges, andufed even to old 
age to talk of them, and narrate the ftories about them 
with a very feeling and interefting fenfibility. Their 
fate and hillory had made a deep and lading impreffion 
upon his mind. He died about 1786, aged 81. Often 
has Mr. Mansfield fat and heard him tell their hiftory. 
And among other things, he perfectly remembers that 
Mr. Bifhop ufed to fay that ** they all lay buried here 
with Dixweli." I wilhed him to reconfider : he did ; 
and remained certain that Mr. Bilhop faid, "they all 
Jay buried here." But he never thought how they came 
here, nor did M-- Biiliop fay any thing that he remem- 
bers about any removal. Nor did he ever turn it in his 



OF KING CHARLES I. t^t 

mind, or advert to the circumftance that one at lea(t 
died at Hadiey. This concurs with Mrs. Beers, in a 
derivation from the AUing and Mansfield families, that 
the otjier Judges lay here as well as Dixwell. , 

Walking the Green in this city one evening lately, I 
met another perfon aged 75, who was born and lived 
many years on the eai? fide of the Green, about twenty- 
five or thirty rods from thefe graves ; which graves, he 
faid, he always knew from a boy, and that the Judges 
were buried there. I aiked him if all three lay there r 
he faid, no ; there were but two there. I afked, if cer- 
tainly moT^t than Dixwell ? Yes, two, I fay ; there 
were two, and only two. He was a frank, plain, blunt 
fpoken ruLiic. Who were they ? Dixwell, — and I 
don't remember the name of the other : but there was 
another, and there was only two — I can't certainly re- 
member his name — but I think it was one Do6lor 
Whalley. Did you never hear that three lay here r — 
No, I tell you, there were only two; and go along with 
me, and I will (how you their graves. It was in the 
duOc of the evening, between eight and nine o'clock, in 
May, and I omitted it. When was your firfl: know- 
ledge of thefe ftones and graves as the Judges' ? I know 
not — always — from a boy- — I don't know when I, did 
not know it — I always knew it — I have known it all 
my life long. This I confider as evidence that it is not 
a modern or late furmife, but that it was fo rumoured 
feventy or eighty years ago, when perhaps it was trite 
among a great number of the inhabitants, and in many 
families, though now loft in all but two or three ; and 
almoft extin6l in them. 

In connexion with and In addition to this, is the uni- 
form tradition among the grave-diggers, particularly 
of one family, not that all the Judges, but that one be- 
fides Dixwell, lies buried here, and that this am was 
Whalley, and that the ftone E. W. was Whalley 's— 
This IS efpecially to t)e found in one particular braapit 



jg2 HISTORY OF THREE OF THE H'1>GE^ 

of the family of Tuttle. All the Tuttles in and akoiit 
ih'is town have derived from Mr. William Tuiile, one 
of the firlt planters, and among the more wcahhy fet- 
tlers of New- Haven in 1^37. it is in one fubfeouent 
branch that this tradition is to be found, that of Caleb 
and his defcendants ; as I cannot find it am'ong any of 
the other defcendants of the firfl William. Mr. Caleb 
Tuttle was the fon of Thomas, fon of the original an- 
ceflor, WilHam. He was born about 1670, and died 
about 1750, fo very aged, as to have been grown up, 
and perhaps aged 18 or 20 at Dixwell's death, and fo 
muft have perfonally known him. I formerly knew 
fundry aged perfons here, who knew and were acquaint- 
ed perfonally with Dixw<ill, and with his charadler 
from its firft promulgation. This Caleb Tuttle was 
the firftof the grave-diggers, or fextons, of this name. 
From one of the Tuttle family born in New-Haven, 
1708, and now living, ?ged85, as well as indeed from 
feveral other aged perforis, I have learned the names of 
all the grave-cli^:gers here during his life. When he 
was a boy, Nathaniel Tharp was the firft he remembers, 
who died 1716 very aged, when he himfelf was aged 
8. Smce that there have been Dawfon, Butler and 
others, while all along without interruption, to the pre- 
fent day, the principal of the bufinefs has been done by 
Caleb Tuttle and the branch defcendant from him. — > 
Caleb began before Tharp 's death, and continued to 
within my memorv, and as his foris and grand-fons 
grew up they took the bufmefs down to the prefent time. 
The fucelhon in this family has been thus. 

Grave-Diggers, 

Old Mr. Caleb Tuttle, lay from 17x0 to 1742. 

His fon, James Tuttle, from about 1735, to 1770. 

Abraham, brother of James, 1760, to 1780. 

Ricliard Tuttle, fon of Abraham, 1768 to 1792. 

Richard tells me that he received the (lory of the E. 
W.».ltone, as well as Dixwell's fione, from his fathec 
and his uncle James, and they from his graad-fatbef, 



"OF K.1NC CHARLES I, l^^ 

"^aleb ; a plain, good man, whom I well knew, a 
man of integrity, very intimate with Governor Jones's 
fon, they having married iifleis. But whence Caleb 
got it, Richard knovt'Snot. Caleb was acquainted with 
'Governor Jones and Major MaiiSneld, was born and 
all his days uved a near neighbor to them both, and to 
the late Samuel Bilhop, Efq. fon of the Governorj 
which Mr. Bilhop lived to 1748, when he died 
aged 82, and mult have been aged 23 at Dixwcli's 
-death. Thus he was all his life cotemporary with Mr. 
Bifhop, v/ho was perfectly acquainted, partly of him- 
felf and partly from his father, with ail the anecdotes 
refpe6ling the Judges. . Caleb, as I have fuid, w-as a 
fon of Mr. Thomas Tuttle, who with Major Mans- 
field, was an appraifer of Dixweli's eftate in 1689. — 
Thomas I have been told affiiled in laying out Mr. 
Dixwell ; and there is fome reafon to believe that he 
was. the very perlcii' that privately dug Whalley's grave-, 
and alTifted at his fecret interment here. If fo, it is 
no wonder that his defcendants ihculd be charged and* 
ifrongly impregnated with this iamily idea and defigKa- 
tion of Whalley's grave. Thus Caleb from his father, 
and by his intimate connexion with Governor Jones's 
family, Mr. Bilhop and Mr. Pierpont, was certainly 
on the way of fecret information fufficient for the pur- 
pofe of this impregnation, at lead: that Whalley as well 
as Dixwell was buried here, and for the defigiiation of 
their graves. He v/as a zealous religioniii, and warm- 
ly captivated and carried away with characters diilin- 
guiflied for holinefs and piety : and according to my 
idea of the man, whom 1 well remembrr, he 'would, 
I lliould think, have liilciicd to ilie anecdotes and hiito- 
ry of thefe pious and heroic fuffereis, with avidity and 
curious and feehng attention. I doubt not he knew more 
about the lubjeft than all his poitcrity. And he. is the 
fource cf the information concerning the Whalley ftone. 
The original knowing ones, might judge it one cf 
tbe fafefi and fureft means, befides oral tiadition amcns 



K 



194 HISTORY OK THREfi OF THE JUDGES 

a few families, of tranfmitting and perpetuating the 
mennonal of Whalley, by impregnating the grave-dig- 
gers in this line with the information. However they 
got it, they have immemorially had it, certainly for 
cisjhty or ninety years ; and have often pointed it out to 
lin believing fpe^ators, for few ever believed or realized 
it to be the grave of the true Whalley. And hundreds 
o.oubtiefs confidered it as only a fable : while the grave- 
diggers have, for no reafon indeed which they can ad- 
duce, ftcadily believed it with the moft confident affu- 
rence. They no more doubt Whalley's than Dixvveli's 
— t'ney arc equally pofitive as to both. 

Air. Prout might, and doubtlefs often did, hear it 
from tliC grave-diggers : but I do not learn that he ever 
fpake of it as derived from them. Indeed he derived 
it eifcwhcre. His age and connexions enabled him to 
have recourfe to much higher, even original authority. 
He was always in the Dixwell connexion from his 
■»outhup ; he v/as pcrfonally acquainted with Mr. Pier- 
' 3nt, ivlr. RulTel, Major Mansfield, Mr. Ailing and 
Ir. Biihop, and indeed with Governor Jones himfelf ; 
-.uid indeed v/ith sil thofe few chara6lers at the beginning 
r)f the prefent century, who were mod intimately con- 
r.erned in this affair. His fifrer Mansiield, confort of 
•therifr Mansfield, ion of the Major, was a v.^arm ad- 
snirer and great venerator of the Judges, and verfed in 
^hcir hifiory. Her daughter, Madam Throopc, aged 
■75, relisSI: of the reverend William 1 hroope, tells me, 
4 hat once, when a girl, riding with her parents together 
*jn ach.aife, or calaCi, they palTt^d by Dixwell 's houfe, 
r,er mother defired Mr. Mansfield to ftop, and while 
fitting in the carnage file mourned over and lamented 
}Vim, as a pious and holy irian, and enlarged in his praif- 
lio and commendation, faying many holy prayers had 
^ten made in that houfe. From lier 1 was afcertained 
ihc place of Dixwell's houfe, which was (tandingtill 
^756. Her brother Prout had the fame veiieration for 
V;Rfi;gocd inc-F.. And tc ©Id age, r.nd even forty yeari 



iv 



OF ICING CHARLES f. li):i{ 

ago, heufed in converfation with me to fpeak of ilie ai'- 
fair and hiilory of thefe Judges, with the mofl engaged 
and interefled feehng, beyond any man f h.ave ever 
heard fpeak of it. He had alnioit their whole hiilory 
famihar to him, and was full of it, and delighted to tel! 
it,*and to dwell upon it. He never faid any ill lag about 
their removal. But in his frequent and veiboiecfjnvcr- 
fations with the reverend Mr. Cjiauncey Whitteifcy, ci 
this city, upon theiiibje61: of the Judges, after nicntiojv- 
ing that one died and was buried in Mr. RulTel's cclin-, 
hefpake with the fame caution that the RuiVels and the 
other confidential cotemporaries muR have been ukxl io 
fpeak — •" as to the other, it is not known what became 
of him ; fome faid he went off from Hadley to the weft- 
ward towards Virginia ; fome have fuppofed that \\^ 
lies buried fomewherc in our burying yard." This hig 
faid to Mr. Whittelfey and others. I do not find from 
fundry that have heard Mr. Prout fpeak of the matter, 
that he ever fpake of n^orc than one of the other Judg&s 
being fuppofed to be buried here befides Dixwell. In- 
deed though he was perfonally acquainted with originals, 
I (hould not judge that their difcretion would have fe- 
ie6led him for confidential and plenary fccrets, while 
he was, on account of his focial and communica- 
tive difpofition, a very proper perfon through v.'hom to 
tranfmit, preferve and dilFufe important information, 
ire was the gendeman and the chriftian. He was born 
in New-IIaven November 19^ 1689, and died here 
Apri 1 4, 1 7 7 6 , aged 8 7 . 4- 

But fuppofing Whalley buried here, whence came it 
that tradition fixed upon t-ie ftone E. W. for Whaliey's 
monument, with 1658 ciigraved over it, when the very 
date mull refute it, being two years before the Judges 
camxe into this country ? This is a quefiion I leave 
every one to fjlve for liimfelf : as well as to reconcile it 
with the archives of Nevv'-Haven, in whofe obituary 
no fiich initials are to be found at that year ; as neitheV 
^ic they at th/S,^ fuppofing the date to be To TQm,. I 



!()&■ HISTORY OF THR25 OF THE JUDGES 

leave It alfo with every one to account for the dubiouf-. 
ne(s, to fay the lead of that figure in both the head and 
foot fiOHes, if in either it mi^ht be afcribed to accident 
and cafualty. How llionld the cafiiaity happen to both, 
efpecially when the other figures are plain ? If any 
fhoiild rather ai'cribe it to intentional and defigned ar- 
tifice fjr concealment, it might comport with that vi- 
gilant, preconcerted and unremitted caution, which 
has certainly been pra6lifed in this v^/hole affair, by the 
few who were certainly knowing, and even perfectly 
knovv'ing to the whole affair, and could have put the 
matter out of all doubt, but defignedly, and moft induf- 
trioudy, and too efncacioully concealed it, fo as evea 
to become totally lod, as never to be inveftigated, until 
the refurreclion of the juft. I leave it further for every 
one to account in his own way for the uninterrupted 
tradition of the grave-diggers in the line of the Tutd© 
family. How flibuld it originate ? For that it has fub- 
fifted feventy or eighty years at leaff, and even from, 
the beginning, or immemorially, I confider as proved^ 
Although new to me, I have upon Inquiry found with 
certainty that fuch a furmife and tradition has all along 
been to be found here among a icw, while the main 
body of the inhabitants now living, have all along heard 
nothing of it, or at lead never noticed it. Whence 
could It otiginate ? Mad it been faid in Hadley that 
they were buried in this ar^d the other pl;ice, vv'e might 
confider it a conje6lure of ignorance: After knowing 
itey died tlicre it was natural to inquire the places of 
their graves, and in their ignorance tlicre v/asroom and 
occafion for uncertain conjeclure. But when nobody 
ever thought*,of their dying at New- Haven, nor of their 
removal hither, what (hould have given occaiion amidil 
their ignorauce alfo at New-Haven, to even the fur- 
mi f?, much more to the pofitively fixing on the very 
grave? and on account of the date, one of the molt 
improbabb graves in the y-iid ? 



OP KING CHARLES I. 197 

Till within twenty years paO: there have been peribui 
of intelligence alive in town who w^ere derivatively pof- 
felled of all the Ruffel information, and could have an- 
nulled tlie E. W. ftone. Among the inhabitants of 
New- Haven were thefe : Mrs. M'Ncil, a daughter of 
Mr. Ruffel of Branford, a very fenfible woman, and an 
adept in the hiltory of GofFe and Whalley ; which (he; 
faid'fhe learned from her father ; and as to the Judges 
lying here or not (he undoubtedly knew all that her fa- 
ther knew. Samuel Mansfield, A. M. and Samuel 
Cook, A.M. who married fnerilF Mansfield's filler, 
v.- ere full of the family information. Mr. Cook had 
not only the Mansfield information, but that of his fa- 
ther, the reverend Samuel Cook, of Stratfield, who 
had lived many years in New- Haven the beginning of 
this century ; was an intimate acquaintance and con- 
nexion of Judge Dixwell'sfon, Mr. Pierpont and Mr. 
Rufiel, and ardently interefted in the fateof the Judges. 
Thefe, befides other branches of the Mansfield and Ai- 
ling fiimilies, who were perfectly acquainted with Mr. 
R-iiifel, furvived to wiihin thefe fifteen or twenty years. 
In this circle the hiilory of the Judges was frequently 
converfed upon. And among them all, there miiii 
have been knowledge enough to have refuted the mif- 
take. It is, I find, certain that they knew this E. W. 
.ftone was fpoken of by fomc as Whalley's, and none 
ever heard them contradidt it. They certainly enter- 
tained and fuiferedthis idea at times to pafs from them, 
that other Judges befides Dixwell lay buried here. I 
was form^erly acquainted with all thefe perfons, and 
have often heard the molt of them with great engaged- 
nefs converfe on the fate and anecdotes of thefe Judges ; 
and I doubt not, if they were living, they could throw 
fufficient light upon the fubjeft. But their knowledge 
is buried with them. They were the lad, and there 
remain no more prefent means of fatisfa6fory informa- 
tion. I have been tohi much that thefe and other an- 
cient pcifons have faid and narr^itsd about the Juds;es, 
K 2, 



lOS HISTORY OF THREE OF THE JUDGES 

I have been told that IheriiF Mansfield, a very relpecia^ 
ble character, j^ia the year 1774 (hewed a member of 
Congrefs, of another (late, Dixvvell-s ftone, at the fame 
tiras iheweJ him the E. \V. (lone, and aifured him 
that this was Whalby's ; fo that this gentleman to this 
day remains eqnah'y imprelied with the equal ceriainty 
of bcith, the one as well as the other. And iheriff Mans- 
field knew it, if Mr. Rulfelof Branford knew it. 

Still therefore purfning the fuppontion that Vvhalley 
lies buried here, though by no means confidering it as a 
tiling that can ev^er be proved : it mull follow that, af- 
ter his undoubted fepultnre at Hadley, he was taken up 
and fecretly-removed to New- Haven. But, as I faid, 
I can find ilo tradition at New-Haven or Hadley of 
iuch a removal. In this phce I thiiik proper to iniert a 
i-ttcr which I received from the reverend Samuel Hop- 
kin?, miniiier of ffadley, in anrwer to my letter of ia- 
€|uiry upon the fubjecl; of the Jiidge?. 

Hud!cyy March 26, 1 79 3. 
'* Reverend Sir, 
** Since I received yours of nth lilt. I have taken 
pains to enquire of the oldeft people a-nong us, what 
they heard faid, by the eldeff peik-ns in town fince their 
remcm.brance, refpe£ting V/jialley and GofFe, their 
relidence in this toun. The tradition among all of 
them is, that both of them v/ere fecreted in the town ; 
th^t the inhabitant.:; at that time knew very little of them, 
or where they were concealed, except thofe in v/ho(e 
houfes they were. And the tradition amiong them in 
general is, that one of them died in this tov/n (thofe 
who remember wdiich, fay Whalley) — that the other, 
Goffe, after the death of Whalley, left the town, and 
that it was not knovv'u where he went. With refpeiSt 
to the one who died in tins town, the tradition in gene- 
ral is, that he was buried in Mr. Tillton's cellar. 

'* Mod of whom I have enquired li)r tradldon^f^^y, that 
Vvhilc they were here the Iridianr> made an aii?iu.lt upou 



©K KINO CHARLES I. I99 

tlietown: that on this occafion a per!o?i unknown ap- 
peared, animating and leading o'a the inhabitants againil 
the enemy, and e;iciting them by his adtivity and ar- 
dour ; that when tiie Indians were rcprJJed, the fi:ran- 
ger difappeared— was j^one — none cvc^r knew where, 
or who he was. The above is the general tradition 
among us. 

" I Ihail now notice fome things which were in the 
tradition, as given by fome^ differing from the abuvcj 
or adding fomewhat to it. 

" According to the tradition given by {owie, V/hal- 
ley and Go^fe were not concealed the wliole of the time 
at Mr. RnT?rsa!id Mr. Tiluon's, but part of the tima 
at one Smitifo. This I had in the family of tiie SmithSo 

*' An old m.an nmon:^ us fays, he reme-nbers to have 
heard th2 old people my, there was a frnitlefs iearch 
(by order of the government, as I underfcand it) of all 
the houfes in Hadlcy ; but tint they (to u[e his words) 
fearched as if tliey fearched not. That afcer Wludley's 
death, Goii^: went cf^ hr-l to ilarlibrd, afterwards to 
New-Haven, wliere lie v/as fuipeifed and in daiigerot 
being known, by his evtraordmary (ijxtsrity with thc^ 
fword :, lhewn^(as he tells tiie ftory) on a particular oc- 
caiion. And in appreheniion of danger, he went off* 
from New- Haven. Here tradiiicn, according tahim^ 
ends with refpecl to Gone. 

*' Another iiill older lay?, that he heard both his fa- 
ther and h- • — - ' -r:;t-?r fay, that WlialJey and Goffe 
were both r ivir. Ruilers r.t hrft ; vv^ho for 

their lecuriiy, in fafi of ic.irch, mac'c a retreat -for 
them betwen hisch:^mbcr?, ^lA bf-hir^d his chimney. — 
Th'cit one of them died r fs, and was bu- 

ried behind his barn. "^ , . death (joffe went 

oiFinto liie NarrL;i:at-.{ett ; wastii^re fit upon,- and in 
danger of bein:'- ■:iki::^ : v/eni: ircm thence to the i()oth- 
wiird ; v.ashe. Tar as Pennlylvania, or Virgi- 

nia, and nethi;; : ...^.^.'..l iurther of him. 



O.t)0 HISTORY OF THREE OF THE J»UUGES 
" The tradition among fome, conncded with the U- 

milyofthej'viarfhes, is, that Whailey and Goffe both 
died i a Had ley, 

*^ Not many years after my fettlement in Hadley 
(1754) one, who was then quite an old man, told me, 
among other things, that the tradition of the one that 
died in town was, that he was buried in Mr. Tillton's 
garden, or in his cellar. With refpecl to the place of 
his burial, I am of opinion, that it was kept fecret, and 
was unknown. It feemsto have been a matter of con- 
jecture among the inhabitants • — in Tillton's cellar, — ■ 
in his garden— or behind his barn — as they imagined 
mcft probable. Of his being buried under a fence be- 
tween two lots, I do not find any thing ; — nor of his 
being afterwards removed. I have fearched for his 
monument, and do not as yet by any means find the 
time of Tillton's dc-ath. Sliould I hereafter, I will in« 
lortn you- 

'^Samuel Hopkins." 

I was at Hadley May 21, 1792, making inquiries 
only for gratifying my own curiofity,. and without a 
thought of compihng this hiflory. The reverend Mr, 
Hopkins carried me to Mr. Ruifel's houfe, ftiil Hand- 
ing. It is'a double houfe, two {lories and a kitchen. 
Although repaired withadditiorvs, yet the chamber of the 
Judges remains obviouily in its origijial ftate unmutila- 
ted, as when thefe exiled Worthies inliabitted it. Ad- 
joining to it behind, or at the north end of the large 
chimney, was a clofet, in the floor of which I fawltiil 
remaining the trap door, through which they let them- 
felves down into an under clofet, iind fo thence decend- 
ed into the cellar for concealment, in cafe of fcarch or 
furprife. I examined all thofe places with attention, 
and with heart-felt fympathetic veneration for the me- 
mories of thofe long immured fufferers, thus fhut up 
and feciuded from the vvorM for the tedious fpace of 
fourteen e^f fi^t&en years, in this voluntary Ballile.— • 



OF KING CHARLES I. 26f. 

Tlisy mnd have been known to the family anddomef- 
tics ; and miifl: have been frequently expofed to acci- 
dciita] dircoveries, with all their care and circumfpec- 
,tion to live in ftillnefs. That the whole iliould have 
been e[Fe6tiially concealed in the breads of the knowing 
ones, is a fcene of fecrecy truly aftonifliing ! 

Mr. Hopkin^; and others p;ave me the fame account 
as in the preceding letter. He (hewed me the place- 
where the oki meeting houfe-ilood, 1675, at the Indian 
invafiOD, about eighty rods north of Mr. Rufiel's houfe. 
I viev/ed alfo the pofition of Mr. Tillton's houfe, ftill 
rtanding, about a cuarter of a mile below Mr, Ruf- 
fel's.t 

On my return n-om Hadley, pailing through We- 
thersheld, on the 25th of May, I viiited Mrs, Porter, 
a fenfible and judicious woman, aged 77, in full polTef- 
fion of good mental powers, and particularly of memo- 
ry. She was a daughter of Mr. Ebenezer Marfh, and 
born at Hadley 17 15, next d'oor to Mr. TiUtoti's, one 
of the temporary and interchanged refidences of the 
Judges. This honfe was in her day occupied by deacon 
Eaftman. She had the geiieral itory of the Judges, but 
faid (lie knew nothing with certainty concerning diem, 
but only that it was faid they fometimes lived at Mr. 
RuITei's, and fometimes where deacon Ea-tman lived. 
There were many iiying (lories, ihefaid, but (o uncer- 
tain that nothing could be depended on — as among 
others, that one was buried in Mr. Ruifel's cellar, and 
another in Mr. Tillton's lot, in t!^e dividing lence be- 
tween Tillton's lot and her father's. Mer father died 
1772, aged 85, and fo born in Hadley 1686, at his, 
father Daniel Marin's, a few rods n. w. from Till- 
ton's ; and always lived, as did his fatlier, in that 
neighborhood. As (lie faid (he had nothing certain, I 
preffed her for fabulous anecdotes. She faid ihe was 
afliamed to tell young people's whim.s and notions, 
VYhich had nothing in them. But in the couffe of coia-= 
• t Si£ Plate /f . 



2d2 HISTORY OF THREE OF THE JUDC^S 

verfalion flie faid, that when (he was a girl, it was the 
conftant belief among the neighbors, that an old man< 
for fomc reafon or other, had been buried in the fence 
between deacon Eaftman's and her father's ; and thai- 
the reafon why they buried him in the line of the fence 
was,' that the poifeirors or owners of both lots might 
each be able to lay, he was not buried in his lot ; but why 
he (hould be buried in the lot at all, and not in the pub- 
lic burying-placc, flie had never heard ^ny reafon or 
tradition. She faid the women and girls from their 
houfe and deacon Eaftman's ufed to meet at the divid- 
ing fence, and while chatting and talking together for 
amufement, one and another at times would fdyy v/ith 
a fort of (kittifh fear and laughing, " who knows but 
that we are now ftanding on the old man's grave r" She 
knd other girb iif^^d to be fkittifh and fearful, even in 
walking the ftreet, when they came againft the plsc^ 
of that flip pofed grave ; -though it was never known 
whereabouts ill that line of -fence it lay. She herfelf 
imagined it lay a Utile beyond the barn^ eight or ten 
rods eaft from the great fireet tliat runs through Had- 
ley, and perhaps eight or ten rods from her father *s 
houfe. But ihe fuppofcd the whole was only young 
folks' foolifli notions ; for fome were much concerned 
left the old man's ghoft ihould appear at or aboufthat 
grave. But this lady was very relu6>?.nt at narrating 
thefe circumftances and ftories, to which ihe ^ave na 
heed herfelf ^alnd which f;ie confidered as trifling and 
imimporiant. 

In repeatedly villting Hadley for many years pafi:, 
nnd in converfation.with perfons born and brought up 
in Hadley, but fettled elfewhere, I have often perceiv- 
ed a concurrent tradition that both died there, and 
were buried fomcwhere in Hadley unknown, though 
generally agreeing tliat one was buried at RuiTers. And 
two peribns born in Hadley tell me that, many years 
ago, they were poifelTed of the idea and furmife/ or of a 
liiile glimmenng of uncertain tradition, but hovi^ they 



« 



PlctteTmjU209,. 




M H- 



'iMar^hM 



HADLEY 



iM Rev'^Jokft Rufcels 



V \ 







OF KING CHARLES I. 203 

■Game by it tliey knew not, that tliough burled there, 
they ware afterward fecretly taken up and removed, they 
knew not where. This is the only fiiriTjire of the kind 
that I ever came acrofs : and the informers defired me 
not to rely upon it : as upon my re.quelilng their re- 
attention and recoiicclion, tliey faid, it was fo faint 
and tranficnt an idea, that they felt at a lofs, and could 
by no means be confident. Yet they infiited, that a 
faint idea or imprelTion of fuch a report and furmife, 
-imbibed in youth at Hadlev, ftill remained on their 
minds. 

One perfon in New-Haven, aged 70, is certain of 
having immemorially heard that one of thefe good men, 
befides Dixweli, lies buried here ; and has the tkjating 
idea that this perfon v/as Goffe. Upon my aiking if. it 
was not Whailey ? it was replied. No, but GofFe. — 
Upon afking whether he died here r it v/as ^replied, 
that he did not die here, but after living at a diftance up 
the country fecreted a longtime, he came on a vi fit to 
Dixvvell, and wnndered about and lived in fecret places 
round about New-Havt?n, and died fomewherc not far 
from New-Haven, and v/as fecretly burled here. This 
was the floating idea, but of no certainty as toeitlicr the 
f26ls or derivation of information-. This hovv^ever fecm- 
ed certain and without a doubt, that anoth.er befides 
Dixweli lay here 4 a little at a lofs about the name, but 
feemed to adhere to Goffe, never heard of its being 
Whailey, nor of Whailey 's fi.one, or if it had been 
heard of, it was forgotten and loft. And yet this per- 
fon has through life lived in the atmoftphere of good 
traditionary and fabulous intelligence concerning the 
Judges, with however but flight and tranficnt irnpref- ' 
fion, or with imprelTions nov/ much confuied and loi^ 

Poliibly upon General Gofre's danger increafmg af- 
ter Whailey 's death, he and his friends at Kadlev mi^ht 
plan an illufion, for a foundation of faying truly, that 
after Whal ley's death, Gofi^e went oft' to tiie weltward 
towards Virginia. So Goftc might kvave I-Iailey, vifit 



a04 HISTORY OF THREE 01- THE JUDGES 
r>ixwell, wander about fecretly and lofe himfelf for^ 
lime in fome of his old recelies round about New -Ha- 
ven, and perhaps then concert v. iih his Iriend Dixvvell 
the removal ol VVhallc) 's cerpfe cut of the reach and 
inveliigation of Randolph. Durirjg v. hich time it might 
be truely And, "that afier Whalley's death, the other 
went off to the vveilward tovsards Virginia, and that 
it uas not known where he was, nor what became of 
him." When however iie might, after a lliort excur- 
ii I], return to Hadley, be there foon overtaken hy 
death, and be buried hrii. at the old man's grave, near 
Tii'ton's, andbeaitervvardswith Whallev taken up and 
remxovcd to New^-Kaven. This is but conjeclural, and 
left in laicertainty ; though it would have been good 
Oliverian generalfnip. The Ilcry of one going off to 
the weitward, after the other's death at Hadley, is 
fpread all over New-England, and is as trite at Rhode- 
iiland, at this day, as at New-Haven and Kadley. 

I think fome ufe ir.ay be made of all thefe fparfe, 
and'Unconne6Led traditionary lights, all perhaps alluding 
to truth, if rightly underitood, towards fupporting the 
conclufion of Governor Hutchinfon, that both the 
Judges died at Hadley. 

I . That Whalley died at Hadley, I confider as evi- 
denced fully by Goffe's letters ; that he was buried in 
Ruirers cellar, or under his hearth, or in his garden, or 
about his houfe, is evidenced by almolt univerfal tradi- 
tion, by the uniform inibrmation in the Ruiiei family, 
and the tradition which can be traced to tliem. Mrs. 
Otis and Mrs. M'Neii conilantly affirmed this. If 
fo, it was not Whali-y tl-at was butitd at Tiilton's. — 
Mr. Hopkins's recent inquiry, indeed, makes the one 
that died at Hadley to have been buried at Tiilton's. 
But laft fprirjg, and heretofore, both Mr. Hopkins and 
others at Hadley, have told me, what I liad always re- 
ceived before, that the firft v/as buried at Ivlr. Raifei's, 
ahhough the traditionary idea at rfadley at this day may 
lixii at Tiilton's. This however I v»'0uld confider as 



♦ !• l: i K G G H A R L tZ U 2 05 

■"CenfylDg the idea tbiit there was indeed a buri?.l at 
TiUton's. And as I liave no doubt but that one was 
■buried at Rulfers, this would conchjdcin both dying 
and being buried in Hudley. And tliis I believe was 
jeaily the truth. It is to be obferved, that the ninvcrfal 
tradition at Boi'lan, Barnftable and New-Haven, hzs 
been, that one of the Judges died at Mr. RulTel's, and 
was buried in his cellar, or under his hearth. We 
know from GofFc's letter that this was Vv'halley. 

2. That another Judge, befidcs Whallcy, died at 
Hadlcy, and was buried at TiUton's. There is a tra- 
dition, with fome variation, that one was buried in his 
garden, behind his barn-, in the line of dividend fence ^: 
all confpiringto render it probable that one was buried 
there. And if Whalley was buried at RufTers, this 
mufl have been GofFe. And fo both died and were bu- 
ried at Hadley, agreeable to Governor Hutchinfon, 
which he perhaps received from the Leveret family, 
who were in the fecrets of the Judges. The leaving 
the manufcripts at Hadley in the Ruffel family, indi- 
cales both the Judges dying there, and finiihing their 
'days at Hadley, fay about i68o-, for we hear and trace 
nothing of them after this time, only that foon after 
the death of Whalley, the other went off to the weft- 
Ward towards Virginia, and was no more heard of.—- 
This might be true if he died at TiUton's, and by his 
friend Dixvvell and others conveyed to New-Haven, 
which was weftward towards Virginia : which might 
have been done to elude the fearches of Randolph, who 
would doubtlefs have procured the execution of ven- 
geance upon the relict<i and graves of the perfons, could 
tl^ey have been found. If both died at Hadley, and 
Whalley was reraoviid, will any one doubt that GofFe, 
if buried at Hadley, v/as removed alfo ? And thus, 
though in an oblivion, into uhich there remains novr 
no traceable liglit, all the three Judges may lie depo- 
fited together hi the buryrnq-yard at New-Haven. 1 

s 



2C6 HISTORY OF THREE O^ THE JUDGES 

know thefe are ftrong and perhaps unfupported deduc- 
tions, but in reference to fuch a conclufion, vvhethe? 
decifive or not, thefe difconne6led and feemingly fabu- 
lous accounts and furmifes, however iritiing, mayfeem 
to be not altogether inappofite. 

I have indulged myfelf in an enlargement on this in- 
quiry, not fo much for afcertaining the unfupported 
conclufion that Whalley lies buried in I'Tew-Haven, as 
for bringing together and exhibiting in one view thefe 
fabulous narratives, and ftatement of circumftances, 
Vv'ith their indudive connexions ; that fo whoever may 
curforily and tranfiently hear of them at any time, may 
be fatislied that he is poiTelTed of all the fcattered infor- 
mation poffible to be obtained, and judge for himfelf 
hov/ much or how little weight and confidence may be 
given to them ; and alfo for giving opportunity to 
others to purfue and trace thefe lights in different parts 
of the country, together with any t>ther circumftances, 
which may verify or perfe£t thefe accounts, and con- 
tribute to any further elucidation of the pilgrimages and 
hiftory of tliefe Judges. On the whole, I conlider it 
by no means certain, yet rather probable that they all 
three lie buried in New-Haven. Of this, however, 
every one will form his own judgment, having belore 
him, I believe, all the light and information, that can 
ever be poflibly obtained on the fubjedl. 



OF KING CHARLES I. ^0? 

CHAP. V. 

Jujlificat'ion of the Judges, with reflections on the Fno-. 
iijh Polity and government, 

CONNECTED vvith the hidory of the Judges, will 
be an inquiry, iiiimediately arifing in every mind, 
whether the High Court of Juftice, which paiTed fen-- 
lence upon the King, is to be juftified or condemned i' 
And this queftion has been, and ilill will be determin-r 
ed by each one lor him-elf, very much according to 
each one's decifion and judgemewt upon the previous 
queftion, Whether a fovereign is amenable to the com- 
jnunity which he governs ? To thqfe who are fix! ar.il 
decided in the defpotic principles, that Kings can d^ 
no wrong, that no tribunal can be authoritatively eredl- 
ed but by the King, who can never be fuppofed to con- 
fent to the eredling one for the trial of himfelf; and 
who of cofifequence believe and hold for law that no 
King can or ought to be tried at any earthly tribinial ; 
and w4io finally hold that a King, however guilty of the 
crimen Traditionis ReipubliccSy cannot bejuftly j)iinilli- 
ed by death ; — To fuch I Irave nothing to fay. 7\mong 
thofc who have previoufiy fettled in their minds the re- 
fponfibility of Kings to their rubje6ls, fonie condemn 
this particular tranfaclion in the cafe of Charles I. 
jt is not to convince or make converts of any of thefe 
that I write. But that bodyof whigs in England, arid 
their American offspring and defccnclants, who for a 
century and half have approved the a6t, and the Parli- 
amentary w^ar, have a right to adduce their reafons.—- 
This body is increafmg in the nation, and their prin- 
ciples are fpreading in the world. Europe has another 
and the lait conflidl: to fuifain, in the prefent w^ar of 
Kings ; and it will be a vigorous, fevere and bloody 
one. The Englifli nation are fo enlightened, fo tena- 
cious and underflanding of their rights, fo enthuiiafli- 
cally impregnated with tlie inextinguilhable love of civiF 



ao8 HISTORY OF THREE ©F THE J¥DGB5 
liberty, that they will never fubmit, they will never 
clefpo.ir. The convi(9-ionrs ah'eady publicly eftabliihecf- 
of the impol7ib:iity of the coexiflence and cohabitation 
of their righ-? an.l liberty with the pei-manency of an 
hereJitary ariftocracy and foyereignty, and that the per- 
petuity of the on><^ inifi: be attended with the ultimate 
downfall and -xtirp;:*'on of the other. In the confiidH 
of the patrician.^ and plebeians at Rome, the former 
yielded and {oivcd themfelves. But the confidence and 
tenacious firinner<^, even to blinded obflinacy, of the 
prefent hereditary ariftocracies through Europe, and in. 
England among the other powers, \^ill never give v/ay. 
Tr^7 expe.fl to ftand, but they will a ffu redly fall. The 
pontiff and conclave at the Reformation had no doubt 
but that tii^y fhould infiJiouny compafs and effe£t a 
reunion ?»nd refubjngation of the Proteftants : but two 
ctntiiries and a half iiave elapfed without any other ef- 
fe(5L than a convi(5lion now generated and diffufed through. 
Europe, and the Court of Rome itfelf, that the Hie- 
rarchy is ruined, and the Pontificate is no more. The 
ethnical worihip was ages in dying, nor did the Gen- 
tile priefthood, nor the civil powers of the three firfl cen- 
turie?, believe that their opulent and pompous idolatry 
v»'as fatally (fruck with a death wound in the apoftolic 
age, and yet it fell, not by arms, but before the con- 
victions of chriliianity in the filth and fucceeding cen- 
turies. When eflabliOied fyfleras arrive at a certain 
height of corruption, they become incurable, the ex- 
perience of all ages fliews that they cannot be reformed, 
and their fall and extirpation become inevitable, in the 
natural courfj of events. In England, thatdelufory 
fhadow of liberty, the femblance of a Parliament, once 
a wifeiaflitution, is fo effeclually fubdued to the irre- 
i-lilable influence of the Crown, and the omnipotence- 
ofa Prime Mi'nifter, who conftantly afligns to one of 
the privy council the bufmefs of managing the Com- 
mons, that is corrupting and fecuring a venal majority 
git his wifl and diclatiire^ that^ fupported by an heredi*. 



OF KING CHARLES I. 20<) 

tary aridocracy always at the will of the Crown, go- 
vernment bids'defiance to every exertion for liberty, and 
completely modifies and renders the dominion independ- 
ent of the nation, who feem to enjoy feme liberty be- 
caiife they ele£l their reprefentatives to be fent to mar- 
ket for certain corruption to betray their rights and im- 
munities. This every man in the nation believes, and 
more, he knows it. This new modification of powei* 
imd crown dominion commenced at the happy revolu- 
tion. It was a court device, after it wms found and 
eftabliflied that a King could not ruJe England without 
a Parliament. But it as efFe6lually fubjugates a nation 
to the will of one, as did the former mode of exercifmg 
royalty under the Tudors and Stuarts. Now this can- 
not be broken up but by the diiTolution of monarchy 
and hereditary ariilocracy or nobility. They fee th.Js, 
will never yield, but will rifque the moil arbitrary and 
defpotic exertions of power for their fupport. This h?.% 
all along been ken by many, and yet fcarcely believed 
and realized by the nation at large to this day. ' Howe- 
ver, the convi6lion is now growing and eftablilhing, 
and the miniftry are undefignedly accelerating and pre- 
cipitating the crifis of an univerfal conviction. The 
crifis is near at hand, and it muft be a bloody one. Thti 
prefent modified government can never recede. It can- 
not re£lify itfelf : it has neither authority nor will to do 
this. It cannot be done but by the nation at large, it 
having become now known to ,be abfurd for a legilla-^ 
ture, which ftands, or ought to ftand, on a conllitu- 
tion, to make its own conltitution. And adminidra- 
tion dare not rifque the calling a national convention, to 
amxcnd the Commons' Houfe, lead under the idea of 
ledreding grievances and redlifying acknowlegcd defe6ls, 
ihey Ihould endanger the fubverlion and overthrow of 
the whole prefent polity. The prefent fydem of polity 
therefore mud ftand and remain, unamended, corrupt 
and defpotic as it is. There is left to the nation then 
DO alteruative between q^aiet and tame fubmiilion to the 



s 



21© HIST©RY ©F THREE OF THE JUDGES 

prefcnt unqueftionable defpotlfm, and a recoiirfe to the 
old principles of 1 641, the principles of Hampden and 
Sidney ; principles which piirfiied and a£led out to their 
.fnll operation, would terminate in the juTtification of 
the Judges, Thefe principles will rife into energetic 
o^ijeralion, and a buritof the public fpirit will fooneror 
later elTedl ihe downfall of ariftocracy and monarchy ; 
and out of thefe ruins will arife an ekclive republic. — 
Li order to this, recourfe will be had, as I have faid, to 
acknowledged principles of law and jullice, and to the 
extraordinary precedents in the Englilli hilfory ; and 
ainong the red to this of the Judges. The main body 
of the whigs now lately anexing themfelves to a motly 
miniliry :)nd parliament, and through an unhappy mif- 
take defe/ting the caufe of liberty for a feafon, will af- 
ter finding themfelves duped, like their brethren at the 
revolution, refume the principles which they fet up at 
tile RciioratJon. They will refume them not partially, 
but wholly, and go ail the lenghts of their operation 
And confequenccs, as they have been all along avowed 
v.\ the Engliih nation and conrtitution, though over- 
whelmed, finothered and fubdued in their operation, 
^nd £v;.n nullified by court artifice, intrigue and venal- 
ity. This hoodwinked policy being overthrown, every 
E'nglilhman will ever afterwards know and feel that de- 
li liion no longer, but that law and liberty is his birth- 
vioht. Th:f events in France have efFe6led fuch a 
thanrc in tfie public fpirit in England, that the Epif- 
copai whigs have defertedthe caufe, joined ths- miniftry 
»o the wifhes of tcryifm, now as vigorous as ever In the 
nation, and left the Diifenters to inherit and fuftain the 
»j.pprobriiim of civil liberty, under the pretext and im- 
putation of anarchy and the principles of rebellion. The 
penal laws of Qi^ieerv Elizabeth yet hang over them, 
iiut I believe the miniftry, however they may threaten, 
will hardly have the temerity to gofo far as to enforce 
Them, an enforcement, however, which 1 doubt not 
they would fuilaia with the exemplary and chi;ii^i3« 



©F KING CHARLIES T. 2tt 

fortitude of their anceftors. But in every other refpetSt 
the DilFenters have now to become the fcape-goat of ci- 
vil a.s- v^ell as rehgious hberty. And they will endure 
till the eyes of the whigs are again opened to perceive 
that they a third time have been unhappily deceived and 
deluded to facrifice a caufe they by no means intended 
to.iurrender. But finding themfelves caught and en- 
fnared, they will turn about, refume their old princi- 
ples, and a6l with united energy in regenerating a pub- 
lic polity, ifi which liberty and the rights of citizen- 
fhip fliall be efffdually fecured. In the mean time, 
through every ftorm, a fucceflion will furvive of thofe 
who will fleadily approve, and advocate the juilice of 
the war of 1641, and the fentence upon Charles I. 
not from the principles of rebellion, with vvhich they 
are afperfed and villified by the prclent E^ngliih Moun- 
tain, but from uncorrupted, enlightened and fober judg- 
ment. And .cis in the darkell times they have uniform- 
ly perfifled in the avowal of their principles, though 
with an unavailing qWq^ under overpowering corrup- 
tion, or everpowering miilake of their fellow citizens ; 
fo in this age of liberty, and in the prefent ilage and 
progrefs of the prevalence of truth, they ever (land 
ready to ftate the reafons, which to them now, and 
perhaps in time may to the world extenfively appear fuf- 
fjcient to legitimiate the tribunal which arraigned 
Charles I. and not only to exculpate, but intirely to 
juftify the Judges. 

Nor are they deftitute of fupports by precedents. — 
Says a modern writer — ** We read in Rapin how Ed- 
ward II. when conquered and made prifoner by his 
wife, was tried by the Parliament, whicli decreed'that 
he had done all poffible wrongs,' and thereby forfeited 
his right to the crown. The Parliament tried and con- 
victed Richard III. Tlnrty-one articles of impeach- 
ment were alledged againft hi'm. The Parliament de- 
^ofed Henry VI. declared Edward IV. a traitor, con- 
iifcated ]iis efFe£ls, and afterwards rcifored kina in fe» 



212 HISTORY OF THREE OF THE JUDGES 
profperlty. In regard to Richard III. he certainly 
had committed more wrongs than all his predecefTors. 
He was another Nero, but a politic, courageous Nero : 
and hence the prudent Parliament did not declare the 
Wrongs which he had done until after his death. 

** In later times the Reprefentatives of the Enghfli 
nation brought to trial and condemned Charles I. to 
lofe his head on ihe block — declared James II to have 
done the greatefr wrongs, and inconfequence dethroned 
him." xA.ll this has been done, though by the concur- 
rence of both houfes of Parliament, except in the lafl 
inftance, yet by tribunals not erefted by the King. 

A few inflances in ancient ages, multiplied in the 
two or three la'l centuries, of Parliamentary controul 
on Kings, and of transferring the hereditary fucceflion 
of princes to other family branches, has at length eita- 
blilhed a principle in the Englifh government, that a 
concurrence of parliament is neceiVary to ratify the he- 
reditary fuccelTion — which may fet it afide ; and even 
proceed to ihepuniOiment of criminal Majeily, as well 
as criminal nobles : while the fame principle purfued 
might lead to elections in all cafes, both of princes and 
nobles, in the room of thofe who violate the obligations 
of the hereditary character. And even the hereditary 
idea itfelf .may be fet afide and abolilhed, when ail the 
reafons for hereditary dominion fiiall at length, in the 
public conviclion appear to be futile and milfaken, as 
being in favl founded in a fubfervicncy to the aggrandife- 
ment of particidar families, and opprcilion of the com- 
munity, rather than in the public weal. But it requires 
a traft of ages for the truth to ftruggle into public re- 
ception and prevalence : and many facrifices lie in the 
road to the triumphs of truth,t While fome changes are 
fudden and rapid, others require a longer time, both to 
prepare the public mind, and to combine and draw 
forth the exertions of tb.ofe popular powers in {lates^, 

^ IFichlif, Savananhi, Hujs, Jerome, I-FhaUey, Goge. 



aP KING CHARLES I. 21^ 

laecejTary towards tftabiilning fome great principles of 
public right and utility. When the lafl at length takes 
place, it excites a new retrofpeAive idea upon tlie for- 
mer exertions and charaderp, few and rare at firfl:, 
and overvvlielmcd by prevailing powers not yet brokea 
lip. Witnefs the public leni'Q on WicklifF, Hufs, and. 
Jerome of Prague. The fubferviency of thefe rare 
though fpirited examples of facrifice?, preparatory to the 
bringing on of the ultimate happy crilis, will then be 
ken and admired. An evil Tnay be oppofed ior ages, 
and many fall in the conflidl and oppofition, without 
fuccefs ; but a continued feries of vigorous exertions 
may at length bring on a luiited and vigorous burrt: of 
the public fplrit, terminating in the ultimate falvation, 
of the public. 

To return to the furvey of the lafl century. The- 
main body of the nation, wearied out by the ftrjggles 
with tyranny, and being by the time of the revolution 
1688, glad to recover fo much true liberty, or feeming 
liberty, as they did under the houfes of Orange and 
Hanover, rather chofe to leave thefe uncomfortable 
matt€r.s to go into oblivion ; and having thus far fecured 
their hberty and rights, have everfmce iilently permit- 
ted a court fa£lion and crown intereff, mixt with de- 
fcendants of hereditary defpotic caviliers, the Filmers and 
vociferous advocates for high government and arbitrary 
power, to call an odhimand afperfion on the adjudi- 
cation of Charles, and on the period of the Protector- 
ate. In confequence of which the two or three lad 
feneratiens have grovvn up even under the houfe of 
lanover, rather impreded with a doubt of the iperfecSI: 
legality of thofe tranfa6lions ; and in a fort of fubmif- 
five and unconvinced acquiefcence, that they were not 
altogether nor radically juflifiabls : even fo as to prQi. 
(luce a prefent generation, who either generally difap-. 
prove and repudiate, or reluctantly fpeak of a tranfac- 
tion, which they rather think fnould be condemned, . 
The national aftd annual afperfons of the Temple upon 



v:r4 iiistour of three ©f the judg^gs 

this period, have contribated to this filent, tame, and 
half convincec] acquieicence, even of the real and iirm 
and uncorr Lipted friePids of cu'il liberty. But aifide from, 
the compromife and acquiefcence of political parties, 
and their union in a fiippofed well controuled and lim- 
ited monarchy, let it be fairly inquired, whether thofe 
principles, which the united body of the whigs in the 
nation, both thofe who approve and thofe who difap- 
prove this acl, have to this day uniformly avowed, and 
liuve never given up, and never will give up, v;ill not 
involve the vindication :ruid juftification of the Judges ? 
They performed a great work, a dangerous work, a 
a work and enterprize in which they periihed : was it 
a Vv^ork of righteoufnefs, or unjuftifiable rebellion ? 

It is necelTary to look into the defecls and perfeftion 
of the Englifh conflitution tov/ards making a judgment 
on thefe matters. Let us fuppofe the pra61ical, though 
not written conflitution of England, of a government 
by King, Lords, and Commons, to be excellent : and 
liberty to be fecure while the three branches a6led fe- 
parately, and truly independently, and uninfluenced by 
one another, by any thing but the public weal. But 
let an undue influence of one over the other be introdu- 
ced, and prevail to any confiderablc height, freedom of 
difquifition, and freedom of a6ting, are at an end, and 
the conflitution violated. This was done by Charles L 
adding independent of both houfes, and for twelve years 
without either houPj. England thought this was reme- 
died at the revolution by an eriabliihment that the King 
iliould not rule, but with the concurrence of the two 
houfe<^. By the bill of rights they thought their rights 
and liberties were fafe. They were fo, while the hou- 
fes were really independent. But corruption has found 
a way, from one of the acknowledged and conceded pre- 
rogatives of the Crown, the appointment of all officers 
through the realm, and the crown appropriation of re- 
venues granted to the King's Cifpofal for their fupport 
fpr fecret fervices and for penfions, ;to originate a new 



OF KINti CHARLES I. 21^ 

mode of influence, effedually fubduing both houfes to 
the King's will. It was not thought at the revohition, 
that this could have arifen to the prefent enormous and 
pernicious height. But fo open is this tranfa6tion now, 
that it is become the dire£l objeft and bufinefs of one 
of the King's privy council, by the diftribution of offi- 
ces in the revenue, the army and civil departments, 
and by penfion?^, to manage, that is fecure a majority 
in the houfe cf Commons : the fame for the Lords; fo 
that both are fecurely held at the King's plcafure : tho' 
by the good providence of God, it has happened, that 
the fucceiiion of fovereigns lince the revolution has been 
well affe6lioned to their fubje^ts, and difpofed to rule 
with wifJom, ji.frice, and clemency. A clemency 
and facility however, which has permJtted a Bute, a 
Hillfborough, a North, and even a Pitt to plunge the 
nation into the mod unwife, fanguinary and defpotic 
projeds, which can bring odium and dilhonor on regal 
government. Thus the excellent government and con- 
ititution of England, is by the avidity and foliy of min- 
ifters under a lenient but yielding crown, again changed 
into indeed a new modelled but efiicacious and real ty- 
ranny : a tyranny which will not be long endured, but 
as afiuredly hadens an awful crifis as did the defpotifni 
of Charles I. It mull and will be re6lified. 

This evil might be re61:ified, but it will not be, by 
the officiary power being Ihared, for the appointm.ent 
of the principal officers and penfiOnarics of all defcrip- 
tions, between the Crown and the two Houfes of Par- 
liament, implead of a council of minifters of the King's 
fole appointment. And with this re6lification the gov- 
ernment of England would be excellent, even with the 
retention" and continuance of the two other great defe6ls 
of the conltitution,. an hereditary and ufelefs ariilocra- 
cy, and an unequal reprefentation in the commons : both 
of which ought to be, and will be, by a future fponta- 
neous national convention, reclihed in a reform and 
a melLoraiion oftheconititiiticnto an ele6live and per- 



Cl6 HISTORY OF THREE OF THfi JUDGES 

ftSi polity. Hereditation of dominion in Nobles arit! 
Princrs is the iiiTtftcp to dcfpotifm. This ruined this 
republic of Venice. This modi Hed and converted the 
leiidal fyilem into a cornplt'x tyranny. This was gra- 
dually and but partially introduced into England.--^ 
** Earl, comes, was not originally hev'editary, nor a 
degree of dignity, but of office and judicature. They 
fat and judged with the BiOiop. At length grew into 
government, but not hereditary. There vv'as not at the 
entry of the Saxons a feudel and hereditary earldom iii 
all Chriftendoni." Even in AL'Ved's tim.e A. D. 90a, 
not yet hereditary in England, but fupplied by appoint- 
ments as officers in the army, or judges of Courts.-^ 
See Spelman's Feuds and Tenurer, c. vi. p. 13. The 
fame appears in Montefquicu and Vattel. Their re- 
covery back to their original officiary inflitution, would 
be a radical relief to the Engliih conltitution. The 
Engliih conftitntion is not incurable, it contains prin- 
ciples which if fuffered to operate and to be acted out 
would cure itfelf; but this operation will be obitrufted, 
and it never v/iil be cured. There is no alternative but 
"its demolition. 

After a vigorous and fuccefsful Rruggle with the Stu- 
art family, a partial refcue of liberty has be*n obtained ^ 
and It has been i'ettlcd ever fmce the glorious revolution 
that Kings Ihall not rule without law, nor without par- 
liament. Tlie fn'ercigns of the houfes of Orange and 
Hanover having learned wikK^m by the example of the 
preceedinghoufeot Stuar^, have given up the conteit ; 
and the old principles^ the old energetic fpirit, are in 
fome degree gone to li-ep and become dormant. Nor 
need they be awaked and called forth into energetic 
loperation, but upon prelliisg and great occafions ; while 
a general vigilance Vyill be ever nccelfary and fufficient 
for the ordinary confervation of liberty. But wdienever 
thefe great occafions offer, and op.e already begins ta 
^hevv itf-^lf and will not be baffled, tl.efe principles wilE 
be recurred to, and this national fpirit reawakened.--^ 



©F KING CHARLES I, ^^7 

In the mean time, as in the prefent period, three quar- 
ters of the nation fiiiFer the other quarter to talk and 
write hcentioully, and to broach defpotic and dangerous 
poUtical do6lrines with impunity, which the nation will 
never fufFer to be reaHzed and carried into pra6lice, and 
which they know they have 'power to controul. The 
femblance of a parliament has hitherto produced a na- 
tional acquiefcence. But it will at length be found that a 
king ruling parliament, or more truely the King being 
a cypher, and aminifter oneof his fubje£ls ruling par- 
liament and his fellow fubj e6ts with the defultory def- 
potic and wild politics of the late minifters, who have 
fooHlhly loft the King one third of his realm, and have 
plunged the kingdom into unmeaning wars, enormous, 
and oppreffive augmentations of the national debt ; I 
fay, at length it will he found that a King ruling parha- 
ment, and a King ruling without ptirliament, are one 
and the fame thing. And let the experiment be tried by 
any future King, that King Charles tried, and aifured- 
iy it will not fail to v^^ake up the fpirit of 1641, and 
would as affuredly go the lengths of 1649, if tyranny 
could not be otherwife fupprelfed. Nothing but the 
certainty of its going thefe lengths, fecures England 
from the open unmodified defpotifm of monarchy. But 
Englifli Kings know where the matter would end, and 
fo their temerity is reprefied, and they arc happily con- 
trouled. I appeal to all acquainted with the fpirit of 
Engliflimen Irom Alfred, and even from C^far to this 
-day ; I appeal to half the lories themfelves, for toryifm 
remains as vigorous in this as the laft century : I appeal 
to the united and coliedive body of the whigs^ as well 
ihofe who difapprove or approve of it — whether they 
have the leaft doubt of fuch an ilTue in fuch a conflict, 
and on the fuppofed CKperiment repeated on the nation ? 
Such an experim.erit would not fail to bring the nation, 
though now quiefcent, to an explicit avowal and re- 
fiimption of their old and never ddifcarded principles — 
principles, on which may be eftabhlliedthe juftification 
T 



Cli8 HISTORY OF THRI-E OF THE JUDGES 

of the Judges of Charles I. both as to the legality of the 
court, andthe juftice of their fentence. Let fuch n 
confli6l and ftruggle, through the iolly of princes, be 
repeated a fecond and a third time, in diftant cenUiries, 
and the point would at length be fettled as eifedually, as 
the demand of the commons kept up for ages, has at 
length now for a long time fettled and finifhed the quef- 
tion of the equity and judice, of tlieir privihrge, and right 
to their place, power and importance in parliament. 

Mow long w^as it contefted that the confuls Ihould be 
rcbfted from the patrician order only, until at length 
this honor v^-as by the immortal Cicero opened to the 
plebeians and became no more controverted ? Other mu- 
tations of power have required long and dillant periods. 
How long after the efficacious fettlement of the Saxons 
in England before the coalefcence of the Saxon Heptanly 
under Alfred ? How long before the admiflion of the 
A^ommons as adiflinftorder into the Wittena gemot? 
Hgw long before the Norman parliam.ent fucceeded the 
legiilature inflitued by Alfred ? How long before the 
immemorial principle of the Saxon government, that no 
property fhould be taxed without the confent of its 
Lord or owner, could be gotten to be extended to the 
commons after that great property had Oiifted into Ple- 
beian pofleilion r The fiin'ie obfervation holds refpe6ling 
the mutations in law and policy, many of which have 
required ages for their eflablifliment, as is manifeft in 
the eife6l which the aft of parliament had ^c donis con- 
diiionallbus. It has taken ages to educe and I'ettle fome 
points and principles of national jullice, which at length 
ceafe to be controverted, are nowacquiefced in by ail, 
and are become iiri,Tily edabliOied principles in the pub- 
lie polity, though for a time condemned and reprobated. 
And with how much difficulty have many long eifab- 
iiihed principles of jurifprudence as well as polity had to 
j^iuggle, and while m.any have been loit in Norman and 
olher infraftions ; with how fevere and long a conliidt 
tiavefome furvived, and after iivir^g through many at? 



OF KING CHARLES t. ^l? 

facks and ftorras, 2t length gained a fixt eRabliHiment ? 
Grotius, Pufrendorf, and Montefquien, and^Yattel, 
inform us of a number oflhefe in various parts of Europe : 
and Spelman, Selden and Blackftone, with the writers 
on the Feudal Tenure?, inform us the fame thing lor 
England. The taxation of foreign nations is to tins 
day without confent of fubjecl; : a vigorous flrnggle for 
ages has deforced this power from the crown'in England : 
but was it poffible, there remains enough in the prefent 
ariQocracy to refume it. The impoilibiUty is the only 
fecurity. What ftruggles have juries h?A with arbitra- 
ry power and crovv'n law, once primeval and almoil 
iniiverfal in Europe, now for ages abolifhed every wher<^ 
e?^xept in England and Sweden: but in England and 
the United States too firmly eftablifhed ever again to be 
overthrown, and probably, may be refumed through 
Europe. Abfolute monarchs formerly feized and im- 
prifoned fubjedls at pleafure. How long^ time did it 
take in England to deforce the concefTion from Kings, 
that no man ihouid be arrelted and im.prifoned at the 
willof the Prince, nor be arrefted but by law? How 
longto eftablifii the habeas corpus a£l: and the bill of 
rights ? Even now that thefe principles are efi:abliihed 
into law, we (liil daily fee the operative influence of 
crown and minifterial efforts, to evade, elude and defeat 
thefe laws. So many pillar principles however oi pub- 
lic right and juftice are at length become eftabliihed i?i 
England by the bill of rights, that any great attack, any 
direcSl effort for their fubverilon would coil an Enali^i 
fovereign the price not of his crown only, but of his 
life. Thus alfo the right of fubjecls to judge their 
King will at length be univerfally acknowledged or not 
fuffered tobe difputed, after the prefent war of Kings 
.fh all have had its full courfe and termination, and\ 
few more royal Tyrants have had their deferts. In 
fuch an exigence however unprovided with a regular 
tribunal, either by prefcription and ufage or conftitu^ 
tion, the Englilh natiga would find a way to orif^inate.^ 



220 HISTORY ©F THREE ©F THE JUDGES 

.Jnftitute, authorife and legitimate a tribunal which 
WQuld dare to judge and execute jurtice on io great an 
occafion. Every fuch tranfadlion \voiild inure to the 
liiiliiication of Charles's Judges. The nation, or the 
ipirit cf the nation did it in the indance of Charles T. 
and they will ever repeat it and do it again in every fimi- 
iar emergency. They H'ill not only arfurediy do it, but 
will be more convinced that herein they fhould do right,. 
r?s the United States are that they did riglu in the de- 
claration of independency. Liberty ius endured too 
fuccefsful a (Iruggle v^dth tyranny, and too fn mly fixt 
the pillar principles of the conditution in England, ever 
topermit again their fubmiffion and fubjngation to the 
tyranny of the houfes of Stuart or Tudor, or to the 
haughty defpotifm of any other reigning family or line 
of Princes. 

But it is faid in the given cafe of Charles now before 
us, that the majority of parliament in 1647 were ready 
to enter into a pacification with the King. It is true : 
and they certainly had a right, that is authority to do 
tills ; but they might have made a miftaken ufe of this 
power, and Oliver might have feen this miflake. Had 
they feen it as he and fome other patriots did they would 
not have liftened to the King's delufory propofals, which 
he certainly never intended to fulfil. The queition is, 
what was in reality fafe and for the public good at that 
time : not what was deemed to be fo, for the wifefl: 
legiilators or councils may be undefignedly and honeftly 
miftaken. Now to invedigate this, let us fiippofe that 
providence had continued the lives of all the members 
of the long parliament, and that the fame members had 
always been chofen till 1688, and ken and acceded to 
the reconciUation of the King and the accellions of 
Charles II. andjam.es II. and that Charles I. would 
have ruled, as all have no doubt he would have ruled, 
had he been conciliated. Now would they not have 
found themfelves to have been deceived ? Woidd they 
not have acquired a conviciion t!.'.t they had erred^ or 



OF KING CHARLES T. 221 

in 1647, in voting that the King's 
terms~were a proper foimdation for a treaty which was 
Me to the liberties of the nation ? I think it may be lei'c 
with the mod: prejudiced advocates for Charles to judge 
what would have been the opinion of the parliameiit 
both lords and commons^ inconfequence of forty year^ 
experience of Stuart infidelity and intradlibility. They 
would at once fay that they were unvvife to have reced- 
ed from their firit voting for the abolition of Kings, 
that Oliver's judgment was right, that there was no 
fafety in truftingthe King, and therefore he ought ti> 
liavc been difcarded as James II. was: that is, that 
tlie judgment of the defpifed parliament was v/ife and 
juft. Andiffo, they would be at no difficulty in judg- 
ing that the a6l3 of this parliament and of the judges 
which a61ed under their authority were right. Efpeci- 
nlly as the vote of the parhament about to be put, preci- 
pitated and riecellitated the King's deftruftion, v^^ho 
otherwife perhaps might have been perniitted to abdicate 
andefcape. Bat this alternative v/ould have been cat 
oiTbyavote for negotiating with him. All are nov/ 
convincedthat had the nation then pardoned the tyrant, 
the tyranny would have been re-eftablilhed. Why was 
it not time then, and why not juft to cut him off? 

In all fovereigntles judiciary tribunals have been ira- 
inemorially provided for the trial of criminal fiibjects, 
from the loweft plebeians to the highcft noble?, and 
dependent feudatory princes. But an High Court of 
Juftice for the trial of delinquent Majeily, has hitherto 
been excluded from the politics, conl.litutions and laws 
of nations. The hereditary indefeafible rights of Kings, 
their inviolability, " the right divine of Kings to go- 
vern wiong, and their being unamenable to the laws, 
and accountable only to God, have fo prevailed among 
fovereigns, and the hereditary arillocracies inoft gene- 
rally combined with them, that Kings have been ef- 
i'e6tually fcreened and fecured from judiciary trials. — • 
Thefe do6trines and pr-inciples have gained the force of 



222 HISTORY OF THREE OF THE JUDGES 

laws, by the deliberate opinions of many of the able ft 
civilians andwriters on polity and government, and by 
the folemn decifions of learned and upright, but mifta- 
ken Judges, until the iniquity of thrones has been efla- 
blifhed by law, and this without remedy. All other 
wrongs have, or ought to have, a remedy by law, but 
regal injury and wrong are without remedy. In the 
future ameliorations and perfection of the public poli- 
cies throughout Europe and the world, provifion will 
doubtlefs be made, and tribunals conRitutionally defined 
and eftabliihed for the trial of royal criminals, of fu- 
preme magiflrates, emperors, kings, and fovoreigii 
princes. This aera is now commenced. 

In the middle ages the pontifical power had ufurped 
fuch an afcendency, in all the dates of Europe, that 
cardinals, bifhops, and the dignified clergy, became 
exempt from civil juriitli6lion. " There have been 
times, fays Vattel, when an ecclefiaftic could not be 
brought before a fecular tribunal for any crime whate- 
ver." It was once dangerous for a civil judge *' to 
punilh an ecclefiadic with death, though a rebel or 
malefadlor." — '* Hiftory affords a thoufand examples 
of biihbps, that have remained unpuniilied, for crimes 
which ccft the hves of the greateft lords. John de Bra- 
ganza, King of Portugal, caufedthofc lords, v^ho had 
confpired his dcitmilion, to be juiily puniOied ; but 
he did not dare to put to death the Archbiihop of Braga,. 
the author of that deteftable plot."t 

Ages of conflifl and ftruggle, between the fecular 
and ecclefiailical powers, among the nations, produr- 
ced and exhibited, at iirll a few rare examples of ec- 
clefiaPacs, la capital cafes, rendered amenable to civil 
judicatories. Similar inllances were repeated and mul- 
liplied, until this amenability is at length recovered and. 
eltabliilied through Europe. But Kings Ivave hitherto 
efcaped, ^nd held thernfcves as exempt from criminivl 

-t fuif/^r^ Law Njt. £. I. C. iz. 



OF KING CHARLES I. 223 

judiciaries, as formerly were archiepifcopal maIefa61:ors, 
A few more inflances of adjudications upon criminal 
Kings, will bring on the fame eflabliihment for them. 
And then the preceding examples of thofe tribunals, 
which have poiteifed the refokuion and fortitude to do 
juftice to a delinquent monarch, will be contem.plated 
with approbation, reverence and honor. Then the 
heroic and high example of the High Court of Juilice, 
which fat and paifed fentence upon King Charles I. 
will be recurred to and contemplated with calm im- 
partiality. And however it hath been overwhelmed 
with infamy for a century and a half, it will hereafter 
be approved, admired and imitated, and the memoirs 
of thefe fuffering exiles from royal vengeance be im- 
mortalized. 

Much has been faid concerning the mode of Inftitu-' 
ting this court, and the authority of it when indituted : 
And it has been generally condemned as irregular and 
illegal. All concur that extraordinary public exigen- 
cies neceffitate and jufiify extraordinary meafures. All 
will allow that thefe extraordinary meafures m^ay be 
fometimes violent, injurious, and inconfillent v/ith the 
public good, and fometimes vv'ifely adapted to fecure 
the public welfare. 

Criminal judiciaries may be ere6led hy law and con- 
fl:itution : fach are tliofe of the EngUfh nation for fub- 
jecls. Thefe may btfianding and permanent \nh\M\2\Sy 
like that of the Areopagus at Athens, or the Senate of 
Carthage, ar the Court.s of Weilminiler ; or they may 
be occajionaJly injlitutedhy the authority tacitly fuppofed 
to be veiled in the King, as was that for the trial of 
the regicides, 1660. The King had the power to in- 
ftitute Star Chamber and other courts/r<j re nata through 
the realm. This as all other powers may be abufed, or 
may be exercifed wifely. Bui whence Kings derived 
this power is not to be found. No man can trace the 
Englifh ccnflitution to vyxiting. An explicit coiiicnt 



224- HISTORY OF THREE OF THE JUDGES 

to certain fiindainental principles, or rights, has been 
at different times deforced from unwilling Kings ; but 
even magna charta is not a complete fyliem of 
rights and liberties. In its jumbled compofition, it 
contains, however, principles, which purfued to their 
extent and jufl: compreheniion, would eftabliOi the fyf- 
tcm of univerfal right. The criminal code in particu- 
lar, and the courfe of adjudications in felonies and all 
kind of crimes, for the commons and unenobled uib- 
je6ls, has been for ages well fettled in England. As 
well ellablidied is the criminal and judiciary laws for 
the trial of nobles, though in a different mode. For 
while In civil matters and the lower felonies they are ame- 
nable with other fubje6ts tothe ordinary courts of juftice, 
and efpecialiy to the fupreme courts of Wedminfter, 
in high crimes and mifdemeanors, and in acculations 
for treafon, they are by impeachments to be brought 
before their /»^/-^ J, that is, a court of nobles, or the 
whole houfe of the barons of the realm. There is in-" 
deed no written conilitution for this, but imm.em.orial 
ufage has edabliihed this mode of judiciary for nobles. 
Juftice we may fuppofe is as well done in this as in any 
other mode. And it might have been as well done by 
tribunals, or felciSled nobles, inftituted pro re natd by 
the fovereigns thernfclves alone, or h'j them and Jhe 
Houfe of Lords conjunclly, had ufage and cuftom eRa- 
bliflied it. Any of thefe modes had been equally legaJ^ 
regular and authoritative, Provifion is however made 
for an efficacious profecution of criminal nobles. And 
it is well. Happy had it been, had ufage alfo eftablifh- 
ed a judiciary for Kings, 

There have been great variations in the judiciaries of 
nations in a fuccefficn of ages: inoft of which, though 
feemingly irregular at firft, have at length grown into 
regularity, and obtained with full and legal force, till 
fuperfeded and laid afide for a new change, which has 
been toned by experience fome times for the public be~ 
nent, and fometimes to public detriment. We fee this 



OF KING CHARLES I. 225 

in the republics oF Grece,and in that of Rome, and the 
liates which arofe all over Europe t upon the dilTolution 
oi the Roman empire. 

In the Romnn government, '* the judiciary power 
was given to the people, to the fenate, to the magii- 
flrates, to particular judges," under various, combined 
and often changing modifications of authority. *' The 
confulshad the power of judging after the expulfion of 
the Kings, as the praetors were judged after the con- 
fliis." Afterwards the confuls were *' fatisfied with 
naming tlie judges and wqth forming the fsveral tribu^ 
nals." *' The Kings referved to themfelves the judg- 
ment of criminal affairs, and in this they were fucceed- 
ed by the confuls. It was in confequence of this au- 
thority that Brutus, the conful, put ids children, and 
all thofe who were concerned in the Tarquinian con- 
fpiracy, to death. This was an exorbitant power." — 
This produced a new change in the criminal judiciary ; 
it gave rife to the Valerian law, by which it was m.ade 
lawful to appeal to the people from every ordinance of 
the confuls that endangered the life of a citizen. The 
confuls after this had no longer a power of pronouncing 
fentence in capital cafes againft a Roman citizen, with- 
out the confent of the people." But this was doubtlefs 
judged by the confuls and fenate as irregular, as was the 
high court of jufiice, in 1649, by the Parham.ent of 
1660. " In the firll: confpiracy tor the reftoration of 
the Tarquins, the criminals were tried by Brutus, the 
conful, in the fecond the fenate and comitia were af- 
fembled to try theoi."* 

The Judges were chofen from the order of the Sena- 
tors till the time of the Gracchi Tiberius Gracchus ef- 
fe6ted the change that they fhould be taken from the 
equeflrian order. Some of thefe changes were for the 
public good, efpecially for the fecurity of life, others 
were not fo, but all legal. I might fhevv the fam3 

t Monte fq. Sp.Laws. B. 27 and 2^. 

* Montejq, Sp, Laws, B.ii, C, i8. 



■12G HISTbRY OF' THREE OF THS JUDGES 

mutations in the criminal jodiciaries of Athens and 
Sparta, and of all ancient and modern Itate?, and par- 
ticularly in the Norman judiciary in England. And' 
unjuflitiable violences have attended almolt all of them, 
at firfl even the changes v/hich have proved the moil 
wife and falutary. What llniggles and violences has- 
the coniiidl of EngliHi liberty, that political jewel, en- 
dured from Alfred to this day, in the m.utation of the 
Witena Gemot, the rcduclion of the Meycle Gemote, 
and the fubititution and introduction of the commons 
to an efficatious participation in the Englifli parliament, 
or national council and Ipgidature, For ages thefeper- 
fevering exertions of the public fpirit were reprefented 
and treated as refractory tumultuous and rebellious, by 
the Kings and Barons, while at length vi-flory has de- 
clared on the fide of liberty, and the opprobrium of 
ariflocrats is taken off, and fucceeded by the approba- 
tion of the wife and the admiration of the world. 

With the candid and liberal ideas which arife from 
alarge, full and comprehenfive view and comparifon of 
the criminal judiciaries of nations, and thecaufesand 
reafons which might have necrllitated and certainly 
brought about their changes, we may be prepared to 
makeup anhiftorical judgment on the legality and jufli- 
fiablenefs or expediency of any given inftance, exam- 
ple, or event, either antient or modern, which m.ay 
Gome under our contemplation. We may contemplate 
the inftance, or fliall I fay the inftances in England the 
laft century, with calmmefs and juftice. Certainly 
great were the exigencies in thecontiicl: of liberty with 
royal tyranny. For the v/arm.eft advocates for the Stu- 
art family and high government, admit their govern- 
ment was a tyranny. Few contend but that the Eng- 
lifli monarchy is a governmient by laws ; and that it is 
herein diilinguilhed from defpotifm, which is the gov- 
ernment of a monarch by will zuithout law. t The mo- 
narch of England, and originally all monarchs by their 
coronation oath?, are to rule not h'j will, but by the Ici'xn 
t Montcjc^. r.l, B, II. C. 4. 



OF KING CHARLES T. 227 

tj the land, the lexfcripta and nonfcripta. It remains 
then for him to inveftigate thefe, and by thefe to riile^ 
His coronation oath obHgcs him to this : and a wife 
King would wifh no greater power, l^ therefore in his 
avidity for power, he Ihould tranfcend the hmits and 
boundaries of the laws, and by high and overt a£ls 
ihould violate tlie laws and Hiew himfelf afpiring to a gov- 
ernment of infidioufncfs and abfolute will, he becomes 
dangerous, and is guilty of a high crime, anc a viola- 
tion of this filemn pa6l with the community of his fub- 
je6ls. And if the crimes of fubje6i:s ought to be judged 
and condemned, no one can (hew a reafon why this 
grsat crimen regale ought not fomewhere to find a trial, 
judgment and condemnation alfo. But though the co- 
ronation oaih implies that the violation of it fhould be 
judged 'in forne tribunal or other, yet this judiciary is 
faid not to be provided for in the Englifh conftitution. — 
Be it fo, though this is queftionable ; yet (hail the pati- 
ence of fubjedls endure the oppreffion of Kings forever ? 
Shall the caufe of liberty be given up as lofl and irre- 
fumable ? Can no expedient be found to remedy this 
evil of Kings ? Are fubjects, are millions made for 
Kings, or Kings for fubjecls, for millions ? Is there 
not wifdom and power enough in every fovereign fcate 
to devife and execute this emancipation ? And Ihall 
they be deterred from the exertion, or fuch exertion 
condemned for want of precedents, or provifion in the 
conftitution, if fuch a political conilitution can be 
conceived: What principle of political or moral right 
forbids their even originating a precedent in this in- 
ilance ? And this may be by one united effort or burft- 
ing forth of the national fpirit — or — if the body of the 
nation, by intimidation or intriguing delulion, or a 
junction of ariilocratical official and other interefls, 
Ihould be prevailed upon to hug their chains and fit dill 
in ilavery : in fuch an exigency fhould fome fpirited 
phalanx arife and fpontaneouily alTumie upon them the 
vindication cf liberty, rufuon the throne and feize the 



.228 HISTORY OF THREE OP THE JUDGES 

-defpot, what could be faid againft it ? Even fhould they 
light iiponhirn hke bees, and fall upon him t"'llhedied, 
as did the citizens upon Phalaris of Agrigentum — this 
:rnight be well — it certainly would be juil. But fnould 
they in this tumultuous and dangerous exigency, retain 
fuch noble and manly poifellion of themfelves, fuch 
controul and reftraint of the pubhc pafhon, as to with- 
hold them from this fudden though merited violence, 
andfo as to give opportunity of a fair and open trial, 
that the condemnation fhould proceed on real juftice : 
and thereupon by their own afiumed authority inititnte 
and erecl:, and empower a court of trial fulTiciently 
qushned and numerous : let the judges be men of com- 
mon integrity, and difcernment adequate to the deter- 
mination of a plain miatter of fa£t upon evidence — for 
let it be rememibered this trial of a King for the breach 
of a coronation oath by overt a61:s, is not a quisflio juris 
which might require profound law knowledge, but a 
qucrfiiofaBi^ as to which all the honi homines y the very 
elders of the gate, are competent judges : If fuch a 
court thus eftabliOied and authorized, after a fair and 
open examination of evidences, fhould pafs upon a 
King, that he is guilty of treafon — and he be executed 
accordingly : — If this procedure fhould be had by thofe 
who voluntarily ailumed the falvation of their country 
upon themfelves, would they not honor their intrepidi- 
ty, jufliceand patriotifm, in the hiftory of nations ? 
Would they not have done a glorius w^ork ? Should the 
nation how ever through any fatal verfatility, be again 
duped into the re-admillion of tyranny, and throw op- 
probrium on their fpontaneous benefactors and deliver- 
ers : would not their enchained pofterity, upon regain- 
ing liberty in a fubfequent period, contemplate their 
memories with veneration r and the long protracted re- 
proach be vi^iped away and turned into laiiing honor 
m-)d applaufe ? 

Let us then fee whether any thing like this has beea 



OF KING CHARLES I. ^229 

drfplayed in the civil wars of 1641, and the decollation 
of Charles I. 1649. 

After feven years war againfl: his parliament and fub- 
je(Sls he was at length apprehended, atid undoubtedly 
<5iight to be tried by fome high court. Had both houfes 
of parliament mutually and unanimoully concurred in 
jnftituting andere6ling fucha court, we fliould not at 
this day queftion its legality, though no fuch provifion 
is made in the Englifh conftitution. Yet this aflump- 
tion of power would have been acquiefced in. But this 
was not the cafe. In thediifonance of the houfes, in 
this great exigence, every one fees the caufe was gone, 
had there been no other expedient. 

A tribunal might have been, ere6led as I have faid, in 
the conftitution ; in magna charta ; in long ufage, in 
•an antecedent a61: of parliament completed with the 
King's aiTent, if fuch ailent could even be fuppofed to 
have been obtained j — Had this provifional court for 
the trial of Majefty, been defined to have been both 
houfes of parliament, or a fingle houfe, cither of the 
lords or the commons ; orafele6led number of judges, 
nobles and commons mixt ; it might have been equally 
well, and none cou.ld have juftly difputed or doubted 
its legality. But no fuch provifion is made ; every ef- 
fort for this has been hauled ; it has been kept off by 
the Kings themfelves, ever delicate and jealous of their 
prerogative of inviolability. Indeed in the hiftory of 
England there have been cafes, ^s I have faid, \^ herein 
parhament have aftumed upon themfelves, to judge 
Kings and transfer hereditary fuccefhons. But this was 
an aifumption of exigence and necelTity, and not by 
virtue of written and denned conftitution. And when, 
as in the inftance of Charles, the parliament themfelves 
were divided, the aifumption mull be left to others, or 
a criminal King go unpuEiihed. 

If jufiice ought not to be eluded : and Kings ought 
to be tried, as few doubt it, it became neceifary that the 
U 



2-;0 HISTORY OF THREH OF THE JUDGES 

patriots fliculd come forth openly, and honorably origi- 
3iate a court without precedeat. The refolution taken, 
i: became proper that the judicial procedure alllimed 
not by parliament, but by the fubjeiSls of the community 
at large, or by any refpeclable ailbciated body of them, 
or as in the prefent inltance by the army in concurrence 
vviih thebcufe of commons: — it becam.e proper that 
the procedure fhould be conformable to the regular and 
iifual forms ol the trial of fiate criminals ; or perhaps in 
th^ fame manner as the whole body of fubjecls duly en- 
lightened would, if convened, have approved, direfted 
and authorized. It ought to be, a civil, not a military, 
nor ecclefiallical tribunal. One may conceive various 
modes of forming fuch a court. If the whole legiila- 
tive order fhould have afliurjed and confidered them- 
felves empowered ; or one houfe ; or ffiould a commif- 
fion of feie6ted individuals be pitched upon ; it might 
be well. Any and all of thefe are but fo many ???Qdes of 
aji'.dicia?'^, would be regular and fuOicient to fecure the 
great end of a formal, open, fair, and impartial trial 
and adjudication. Each of them are at an equal re- 
move both from anarchy and defpotifm. And the au- 
thority of Judges acting on either of tiiefe modes of ap- 
pointment would be equally legal and right in the eye 
of eternal jullice and reafon, provided their decifions and 
adjudications were founded in proof and juftice. A na- 
tional tribu.nal of feven hundred and fifty Judges fyfte- 
ariatically appointed by the voice of twenty-live million 
people, is indeed another mode ofjudiciary, and equally 
legal, and according to the original law of nature and 
reafon applied to the nationalftate of fociety, regularly 
empowered and veiled with full authority to fit in judg- 
ment and pafsTentence on a King. A legal and jull 
tribunal, even one filled with able and upright Judges, 
may err, may judge wrong, may judge right. The 
high court which fat on Charles, I conlider as legal in 
that national exigency. There remains then only to 
confider, whether their judgment was right r Whether 



OF KING CHARLES 1. 23 1 

it was that,, which a fuppored unqiieftionably legal court 
ought to have rendered ? This is all the queftion that is 
worth the attention of civilians and nations. However 
both the regularity of this high court, and the jutlice of 
its fentence may be further confidered. 

The public fenfe may be miilaken, it may alio be 
right. The judgment upon this muft be configned and 
demandated to pofterity and the calmer ages. There 
is however a right. The public councils may not al- 
ways be pofrdTed of this right : they may hold it a long 
time : they may be perverted, corrupted, deluded to 
their ruin. Nations as well as factions have been de- 
luded, and afterwards corre6led themfelyes. It took 
the nation forty years to learn by dear bought experi- 
ence, that a treaty or compact with the Stuart family 
was nugatory. Inwrought in them, and riideiible were 
principles totally incompatible with the Saxon Engliih 
ideas of public right and national liberty. 

Was the parliamentary war of 1641 right ? Few 
EngUflimien will dare to deny it. hti the caufe then, 
for which they fought, be confidered as juft and defen- 
fible. By 1648 the fame national council, which had, 
with heroic fortitude purfued the vindication of liberty, 
partly by becoming tired out with war, partly by the 
impohtic divifions and alienations of contending fe6ls, 
but principally by corrupting intrigue, became dif- 
heartened, and were going to give up the caufe, and 
return to their former vaffalage. They were hearken- 
ing to, and were daily ripening for a clofure with the 
infidious offers and promifes of a King, who, as all 
the world now believe, would have certainly deceived 
them, and have refumed his former tyranny, as did his 
fon at the reftoration. The army and a num.erous bo- 
dy of the nation, probably an intereft equal to three 
quarters of the nation, or that united body confifting of 
the eftablifhed church and diifenters which afterwards 
became ditlinguifhed by the appellation of the Whigs, 



0-32 HISTORY ©P THREE ©F THE JUDGES 

the great favlonrs and vindicators of liberty at the revolu^ 
tion^ and the fupporters of the Prince of Orange and 
the Hanoverian Family to this day, and the only pre- 
fent defenders of liberty in the Englifli nation: I fay 
the army and a numerous body of patriots both in and 
cmt of parliament faw the fnare, dreaded the lofs of 
liberty, and wifhed an effort for the falvation of the na- 
tion from Stuart ilavery. They boldly did that which 
was done at Rome in the inlianceof Tarquin, at Agri- 
gentum in that of Phalaris, and what the parliament 
did at the revolution, and America and France have 
done in recent inftances. They adventured upon an 
extraordinary meafure, which preffing exigencies only 
juftified ; and which, as of neceffity it mult have been, 
%vas devious from the ordinary courfe of redreffing evils, 
2nd according to the long ufage and the eflabliflied courfe 
of criminal procefs, illegal. Thus one people illegally 
dethroned a King of Rome ;. another inltituted an ille^ 
gal Congrefs : and the Englifli patriots illegally did 
that, which ought to have been done by the conflitu- 
tion — they inliituted a high court of juffice for the trial 
of a King, who was in the confeflion of all men, by 
his foHy and tyranny, the caufe of all their calamities. 

The commons at this time might confifl of three 
hundred befides the fecluded members. The awfulnefs 
of the work they were going upon, not the army (which 
however deterred but a few) fo intimidated them, that 
t[iou;;h a quorum yet fewer tiian fifty members were 
jjrefentat infiitLiting, and nominating a high Court of 
fuftice, confifling of one hundred and thirty Judges. 
This acl of the commons was non-concurred by the 
rcliiSl of the Lords Iloufe, which to defeat the work., 
adjourned to a dilhmt day. The commons deferted by 
tlie lords, did that in this exigency, which both lords 
and commons had done when deferted by the King ; 
they took the matter upon themfelves, as did both lords 
and commons again without the King afterwards at the 
revolution i683, \\hQn they invited the Prince of 



OF KING CHARLES I. 233 

Orange, approaching them alfo with an army. Both 
according to uiual forms illegal and irregular, both le- 
gal and regular from the extreme prelTure of the occa- 
fions. 

Inftead of queftionlng then the legality of the high 
court, inftituted with this original deliberate formality, 
refolution and folemnity, the attention of poilerity and 
the world fliould be called only to two things, the abiliiy 
and qualifications of the Judges, and to th^ jujiice or 
injujiice of their fentence. As to their abilities ; if 
fome were of as llender abilities as even the nobiUty of 
all nations generally are, which they were not, the 
moil rigid and prejudiced mufl: all own that there were 
men in this commifhon of capacities fufficient to con- 
du6t a court-trial with jural dignity and impartiality, 
fufficient for an accurate examination of evidence and 
judging on fa6ls, and fufficiently learned in the law to 
judge on treafon in fo plain a caufe, where fortitude was 
more wanting than great abilities. Abilities however 
they had. There was a Serjeant Bradiliaw, a Lord 
Grey, a Harrifon, a Temple, a Hallerigg, a Whal- 
ley, a Lord Say and Seal, a Blackifton, a Ludlow, an 
Ireton, a Cromwell ; and an ample fufficiency of 
others abundantly adequate to the work. Let not the 
abiUties of the Court then be doubted. I will fay little 
on th^.jujiice of their judgment or Jentence, but leave 
every one to hijnfelf. Had it palTed on a duke or a 
marquis upon the fame proofs of treafon, it would have 
been approved of by all men. A King of England, 
that, diilblving the Parliament, dares to rule the King- 
dom without the Parliament, for twelve years, and 
without their confent deforce loans, levy fliip money, 
and be guilty of the other arbitrary and oppreflive enor- 
mities, which, by the united and uncontroverted tefti- 
mony of all the hiftories ofthofe times, King Charles I. 
was guilty of: fuch a King by an impartial and juft 
tribunal, ought to be judged guilty of treafon, tradia 
lihertatis ]uriumque reipiiblicce. And if plebdsn and no- 
li 2 



234- HISTORY 0F THREE OF THE JUDGES 

bility treafon merits death, royal treafon or fovereigu 
paricideagainil the (late, mofujuftiy mtnis tyrannicidi- 
'iim^ ortiie death of deaths. Charles might have been 
'A faint, iit for a pontifical canonization, and Ganga- 
nelli faysjt that all fuch are real faints, and fo was Tho- 
mas a Becker, and if he was the author of the Icon-Ba- 
filihc^ he is gone to heaven, but he was an arbitrary, 
''•aiighty and tyrannical monarch. But had he for his 
fuppofed though dubious piety, m.erited all the high eu- 
logiums vi^hich have been annually lavillied upon his 
memory, had his moi'al charader been Immaculate, 
vet was he fo deeply, fo fmcerely principled in defpot- 
ifm, fo haughty, atrocious and arbitrary were the overt 
ads of an erroneous mind, fo enormous and intolerable 
tlie violences and oppreflionsot his governm-ent, which 
tvas one continued titfue of folly and tyranny, one in- 
ceilant infraction on civil rights and religious liberty, 
that he loft and extinguifhed the confidence of his fub- 
je61s, excited national hatred and horror, forfeited his 
crown, and juftly merited his deplorable and exempla- 
xy fate. However it required a fnigular fortitude to 
ftand forth, and ref:)lutely do that great work of public 
juflice. It v/as done. And it was well done. 

The (late and fpirit of the parties in thefe times was 
perhaps nearly this. The Dilfenters, at leaft a fifth 
part of the realm of England, were indeed fomewhat 
divided, but collectively friends to civil and religious 
Siberty. At the beginning of the war, the Parliament 
Avas generally Epifcopal, but difgufted with the tyranny 
of bilhops courts, the difquifitions which led them to 
vote out the biihops from the houfe of lords, terminated 
in eftabliihing Prefbytery, not but that they would have 
prefered Epifcopacy and Monarchy, had it been mode- 
rate and not inimical to civil liberty, on which they 
were firm and rivited. But rather than give up civil li*- 
beity, they W'Ould let both Epifcopacy and Monarchy 
go, though they knew the Venetian Republic admitted 
Epifcopacy. But at the revolution they returned in th^ 
^ Gang. Lett. V. . 



OF KING CHARLES I. 2^^ 

hearts to both. P'or a time, however, thefe ideas per- 
vaded three-fourths of the inhabitants of England, who 
were thus united in repubHcan ideas. Church and Dif- 
fenters thus coincided and coalefced in the defence of 
liberty. The reft of the nation were loyahfts and high 
church, and never changed nor moderated ; but they 
were a minority, though a brilliant, a powerful and 
infidious minority. The revolution broke up the union 
of church and diifenters, detached the church patriots 
into a union with high church and loyalifts, and left the 
diiTenters ruined. The body of the church were mo- 
derate, and differed from the high church, not only a.s 
to rigid epifcopacy, but as to high principles of civil 
government, and did not pretend to doubt the rights of 
the people even to controul Kings. This produced a 
fet of writings in which a vigorous political controverfy 
was carried on among themfelves on the principles of 
civil and abfolute government. Many ol thefe mafterly 
produdions do honor to that age, and wrought up the 
public mind into fixt principles of liberty in a limited 
monarchy. Befides, this intereft was uniformly Pro- 
teftant. The high exertions of prerogative, and the 
confpicuous Papifm of James II. brought on again a 
coalefcence of the friends of liberty, church and diilea- 
ters, leaving high church and papifts united by them- 
felves ; out of the body of whom fprung up that large 
united intereft, v/hich at leagth received the malevolent 
appellation oi Whigs, an invidious name given to the 
diiienters and the main body of the church of England, 
who in their turns gave the name of Tories to the high 
church and papillrs, now united, and thofe royalifts wha, 
regardlefs of religion, were advocates for the divine 
right oi' Klpgs, their indefeafible hereditary rights, and 
inviolability, and joined in arbitrary meafures, and 
fupporiing the crown in oppofition to the people and 
parliament. The royal opprefticn became fo lieavy, 
that the vvhigs among the church once m.ore called la 
the dilfemers, a fifth of the realm, to their airiilancc. 



236 HISTORY OF THREE OF THE JUDGED 

And though they had been duped and foleninly deceiv^ed 
at the reltoratJon, yet upon the promife of redreis they 
joined the whirs, nnd this reconjoined foixe becanle an 
impregnable buivvark for liberty, ogaind papacy, and 
the royal or crown interell o^ defpotifm, efi:ei£led the 
revolution. But the poor dilfenters were agiin forgot- 
ten, and have been forgotten ever fi nee, while in every 
exigency and party, again in Q_ieen Aar.e's time, and 
at the Flanoverian acceffion, they never failed lo join 
in the caufe of civil liberty. An unparralleled inftance 
of perf^vering fidelity to the rights and liberties of Eng- 
land — while they themfelves continue to this day, tho' 
the mo.'l hearty and genuine protedants, deprived of 
civil liberty, and disfranchifed from all civil affairs thro' 
the realm. Now all this has grown out of the fpirit of 
1641. Thebodyof the nation, the minority of tories 
only excepted, have all along down to the prefent day 
been, and dill are fuch hrm friends lo civil liberty, that 
they will never give it up. And the prerogative having 
acquired flrength in a new mode fmce 1688, by cor- 
rupting both houfes cf parliament by peeragjes, pen- 
fions, and didributions of a fydem of lucrative offices, 
the nation is preparing and ripening for a newburd of 
tiie fpirit of liberty, and reditication or purincation of 
the national policy, which v/ill affuredly take place. — 
The reformation of the houfes, neceffary in the con- 
feliion of themfelves and all men, leading the nation to 
firft principles, v/ill convince them that, however de- 
layed, it mud fooner or later be done ; and that the 
iegidatiire have no authority to make the conditutlon, 
or any part of it, on which they dand themfelves ; — 
tiiey will therefore fee the neceffity of a national con- 
vention, empowered by the people for theexprefs pur- 
pofe of rectifying, altering and amending it. And 
when tliey fhai! be aifembled, wdio can fay how far 
they will go ? They will go fo far as to put an ef- 
feciual dop to the poiTibility of the parliament being 
bouglit up by the crown.— This will bring on not only 



OF KING CHARLES I. I^f 

the modification of the commons, but of the lords, an 
exchange of hereditary for an elecSlive ariftocracy, and 
afcend to the touching of fovereignty itfelf ; and as 
England is a mixt monarchy, controulable by lavv, 
magna charta and parliament, the King's power of 
appointing all officers, civil, military and ecclefiaftical, 
muil necelfarily be rertri6led and modified. One can- 
not fee how many changes may take place. Twenty- 
years ago the parliament might have reformed thcm- 
felves, and the people would have acquiefced. This is 
now become impoiiible ; or, if parliament Ihould do it^ 
it will only bring on thofe national agitations on the 
queilion of their power, which will terminate in a na- 
tional convention. A revolution in Britain is certain, 
and all the policy of the miniftry cannot avoid it. All 
this has grown, and will grow, out of the parliamentary 
war, 1 64 1. 

It is necelTary to trace out this (late of the political 
parties in order to difcern the raiftake of the cardinal 
friends of civil liberty, and the temporary change this 
miftake produced in the time of the Prote^lorate ; and 
in order to judge whether Oliver difcerned and judged 
right or wrong, and alfo w^hether the execution of the 
King, even fuppofe it to have been contrary to die then 
mift aken fenfe of the nation, was what poilerity ought 
to approve or difapprove. For certainly this event,., 
with the fubfequent violent dilfolution of parhament, 
and elevation of Cromwell to the protectorate, with the 
apprehenfion that the nation was about to be ruled by a 
{landing army, were among the principal caufes that 
efFe£ted the difcordance and alienation of the public fen- 
timent, and reconciled the nation to a return to mo- 
narchy, and to concur in a general obloquy upon thofe 
times, as a period of the grand rebellion. We do not 
fufficiently didinguilh between the general obloquy ; 
both tories and whigs agreeing in obloquy, but meaning 
very different things. While both agreeing in general, 
though not univerfally, in anathematizing the ex,eca- 



^38 HISTORY OF THREE 0F THE JUDGES 

tion of the King and the adminiflration of the prote6tof- 
2te, the genuine whigs in all fucceflions to this day, 
would never fuffer or endure that the parliamentary re- 
liftanee to Charles I. ihould be fiigmatized' or vilified 
with any afperfions. They to this day give the par- 
liament and patriot army co-operating with them, the 
higheil applaufes, the firmefl: and moil decided juftifi- 
cation : not fafficicntly yet adverting or confidering that 
in reality, what will juftify them, will juftify the whole 
courfe of procedure through the prote6torate, until the 
giving up the caufe at the reftoration. When the par- 
liament altered their minds, the army became formida- 
ble, not before. 

Through the whole period from 1641 to 1660, the 
army continued faithful and uniformly devoted to the 
republican intereft for which they took up arms, till 
corrupted by Monk, the Dumourier of Britain. The 
parliament ilood firm for the republican caufe fix years : 
they began to waver in 1647, when there was no need 
of it, and when they had already accompliihed their 
end, and thereby endangered the caufe. The patriot 
army flood firm, interp^jfed, and gave the finiihing 
ftroke to tyranny. But four years after, inftead of eftab- 
lifhing the liberty they had gained, by a certain fatality 
attending the noblefl: caufe, miftaken ideas of perpetu- 
ity bv^came confpicuous in many truly fincere and pat- 
riotic charadlers in parliament, and manifefted itfelf in 
bringing forward a bill for fiUing up vacancies only, in 
the commons or parliament, by the people, as they fell, 
inflead of diifolving themfelves, and calling triennial 
parliaments, or otherwife eflablilhing a liberal confti- 
tution. Thus the national government would foon. 
have grown up, into a polity, not very dillimilar to the 
Venetian ariftocracy, and very abhorrent from that for 
which the nation and army, and parliament itfelf, had 
taken up arms and fo vigoroufly contended. What did 
the pubhc good require in this exigency r This defec- 
tion from the original grand caufe of liberty nrd feized 



OF KING CHARLES I, 239 

the parliament, not the army, which perfevered, keep- 
ing the firll great pbje6l accurately in view. Without 
any umbrage given by the aj-my, ever faithful to the 
national intereji, and the caufe of liberty, for which they 
bad taken up arms, \)\^ parliament frjl conceived ivith- 
cut reafon a jealoufy -of the array, the only or principal 
obftacie to their afcending into this noxious ariliocracy. 
This miilaken jealoufy began the alienation and oppo- 
fition betv/een the army and parliamicnt. The army 
had Ihviwn no difpofition either to perpetuate themfelves 
or to fibjugate the parliament. T.\hev continued faith- 
ful fervants to the parliament till they perceived by the 
overt a6c they were about to pafs, which tended to, and 
inevitably would have terminated in perpetuating them- 
felves. For themfelves, the army might have been 
fecure under fuch perpetuation, but the caufe of liberty, 
all muft fee, was gone. They faw it. How ought 
they to aft as a patriotic army ? They were not dange- 
rous to the nation, nor to a polity (landing on the elec- 
tion of the people. At the fame time ideas friendly to 
iTiornarchy were growing and prevailing in parliament : 
all which was laying the foundatian of that coalefcence 
of republicans and loyalifts, which Oliver had the faga- 
city to forefee would defeat all, and that the republicans 
would be duped and deluded by the royalifts, finally 
tobring in Majefty. Both thefe parties now joined in 
exprefTmg loudly their fears ot the arm.y, and by irri- 
tating themfelvs vvith fanciful, vvith fhadowy, and ideal 
dangers, rendered the great w^ork of the confervation 
.of regained liberty exceedingly critical and difficult. 

How miifaken thefe alarms were, are better judged 
by pofterity and the world, than by the patriots them- 
felves, in the day of deception. The generality of 
the nation faw it, even in that day, as appears from 
their acquiefcing and rejoicing at the violent dilTolution 
of the long patriotic parliament ; and we in this day 
fee the miffake, in not calling a new parliament im- 
mediately upon the death of the King. To fuch*a par- 



£40 HISTORY OF THREE OF THE JUDGES 
liament, undoubtedly the army would have been faith- 
ful and obedient, in every thing but the recalling a 
King. But a perpetuating parliairient muft feel an a- 
larm from an army originally raifed againft the continu- 
ance and perpetuation of any power, whether royal, 
ariftocralical or parlimentary, beyond a period neceifa- 
ry for redrefs of grievances, when the general public 
obje'fl was a fettlement of public liberty. But as I faid 
thefe alarms were without foundation ^ and were fo feen 
both by a great part, the minority ofparUament, and 
by the nation in general. We can now more eafily 
fee that the parliament were fufpicious without juft foun- 
dation, than they in that day could. Nor would the 
parliament have had any fuch apprehenfions, had they 
not firft changed their fentiments : changed I believe at 
firft with fmcere and honeft, but miftaken, judgment. 
The patriots and friends of liberty, even at this day, 
entertain the fame apprehenfions refpecling the danger 
of an army. May I be permitted as patriot, to fay, 
that I have for a long time been freed from fuch terrors 
and apprehenfions. 

An army cannot pofiibly be dangerous to an elective 
republic, which would be fupported by the ele£lors or 
people. The national council by withholding pay and 
ibpplies, could eafily difband and dilTolve even the vet- 
eran army of a Casfar. Should they, like his, turn 
their arms on the fenate ; let it be remembered that the 
Englifh fenate was not then compofed of hei-editary or 
perpetual patricians, but was, or ought to have been 
elective. Nor would Caefar have fucceeded, had the 
patricians been conftitutionally ele6live, or had the peo- 
ple been as habituated to annual or frequent ele6lion of 
the whole fenate, as they were of the confuls. Had 
Oliver's army attempted to deforce their pay and fup- 
plies by military contribution enforced on the yeoman- 
ry, on the people, whofe commons had in a Rruggle 
for ages gained from the feudal ariilocracy the poTeilion 
of three quarters of the lands of England, either in fee 



©F KING CHARLES I. 241 

©1" in freehold tenancies for life or lives, tliey would 
have met a warm reception, and would have begun a 
conteft which would have aifiu-edly terminated in thei? 
overthrow and difibliition. It will prove next to im- 
poiiiblefor a itanding army to etlabliili conquell over 
an eledive republic ; or to overlay the liberties of a 
people among whom property is equ:illy diitufed. — 
Even in a monarchy this cannot be efFecled unlefs a 
great portion of the feudal fyftem remains m its con- 
ititution. Indeed whatever be the policy, v/hether mo- 
narchical or republican, of a nation poiTeiTedof diifufive 
freehold property, it can never be laftingly fubjugated 
either by a foreign or domeftic army. The difrufion 
of property among fo great a part of the people oF 
PVance, by fecularizing the church lands to the amount 
of one quarter of the whole territory of France, and the 
allodial diilribution of it among the peafants or occu- 
pants, will engage fo large a body to defend their pof- 
feffions, as will eite6lualiy fecure their liberties and re- 
publican independency. This policy will efFeiluall/ 
and permanently turnifh a fpontaneous hoft of bold, 
courageous, and unconquerable defenders. Property 
has been fo diffufed among the commons of England, 
that it has not been in danger from armies for feveral 
ages. The comm.ons will fight pro agris as well as pro 
aris i!S focis. The relidl of a tenure of property fomc- 
what fnnilar to the feudal fyftem, tenancies at will or 
for terms, retained a foundation of danger : but already 
has fuch an ag^^regate of property fhifted into the hands 
of fubdantial yeomanry as will prove an efFe6lual bar- 
rier againd the conqueil by armies interior or exterior. 
Oliver wifely filled his army with fubftantial and liardy 
yeomanry. And whenever the yeomanry are invaded, 
let us be aifured they will itand on their defence. 

The original reafons of the beautiful feudal fyflem 
now ceafe in Europe. It was excellently adapted to 
hold the dominion of a conquered country ; but now 
that the conquerors and conquered are bscome mixt an?! 

V 



24-2 KISTOP.Y OF THREE OF THE JUDGES 

incorporated together, tliroiighout Europe, the reafon 
of the policy ceafes ; and it would v.ork no mifchief or 
injiiftice to the holder? of fiefs, or danger to the pnbhc, 
if the fieis were diifolved, and fales were permitted ; 
■^vviich vvouid foon alienate and diffufe the property, and 
render it allodial. Let the peafants of Poland be veRed 
wlih allodia] property, and they may be truiled with 
Piiilha, Auftria and Ruilia : and I lliould not doubt 
tfieir reuimption of liberty. See the effed of this allodi- 
•al tenure or land in America. Vv^e have been witneiTes 
that in thirty hours from the moment of ibedding the 
iiril: blood at Lexington, thirty thoufand fubftantial free- 
.holders were fpontaneoiilly in arms, and in full march 
from all parts of New-England. Let the experiment 
be tried all over the world, and the eflecl will be the 
Tam.e. Freehold property has too much footing in Eng- 
land, after all the great ?ggregate of tecanciea at will or 
for years, without reference to day-laborers, mecha- 
nics and manufadurers, of no property, to permit uhi- 
mate danger from armies. 

It is among thefe that an army muft be fought for 
efncacious" defence. Ten thoufand of tliefe are worth 
three times th-e number lalfed in the ufual inanner of 
confcribing venal armies. .This, much more than 
religion, vv'as I'le ft-crct of the iuvincibility of Oliver's 
and the American army.. They had a motive to fight 
for liberty aud" property. France has now got enough 
of thefe men to deiend her republic. And they will do 
it efFedually. 

But the contemiplation of the Alexandrine, Roman, 
C'toman, and other national armies, has occafioned 
th,e abieit civilians, the mod firm and enlightened 
friends of liberty, to be greatly terriued with the danger 
2nd fear of armies, and to anticipate their cvcrlion of 
conitiUitions, as in foreign nations .and ancient ages ; 
not fiilhciently perhaps, adverting to that whicli has 
rendered them dangerous -the In^poUcy of forming 



OF KING CHARLES I. 24.3 

frreat divifions of ianded property into fief;:^, fo as to be 
occupied by the body ofinhabitants in a very depend- 
ant tenure. There needs no agrarian law, arbitarily 
to make a new divifion of territory, a;id give it away from 
the old poirellors, and diftribute the property of great 
land holders among the people. Let the Triuariots of 
Turkey, the Barons of Germany, the Staroftas of Po- 
land, be only permitted by lav/ to fell and alienate, let 
there be a public law that entails fhall tej'minate, and 
fiefs and all hereditary property Ihall veil in the prefent 
jj.ireffors in what the Engliih lavv^ calls fee fimple ; and 
in lefs than a century fo much of the territorial property 
will become allodial, or transfered from the hereditary 
ncblelfe and ariilocrats to the common people, or to 
the community at large, as will render them unconquera- 
ble, and beyond the danger of armies, elpecially if the 
citizens of the community be formed into militia, or 
even if the citizens are not prohibited arms. The game 
attt in England, in the time of James I. and in France 
in the time of Henry IV. operated completely to dif- 
arm the common people. The repeal of this, and the 
abolition of laws reftricling the people all over Europe 
from purfuing wild game^ defigned by the God of na- 
ture to be untamed and unappropriated, and like the air 
^.r ocean free for the common ufe of all mankind, and 
the people would foon be armed. An armed people 
are capable of being formed into a defenfibility which 
would preferve them from invafion. Even Oliver's 
army would not be dangerous fo a country whore inlia- 
bitants were poireiled of diffufive property, and were 
regularly formed into a fyftsmaticai mih"tia. I know 
indeed that many of the beft and wifeit patriots, and 
the firmeft friends of liberty are of a different opinion, 
and I muft therefore fubinit it. I my fell' confider Oli- 
ver's army powerful and viclorious, but not dangerous 
to liberty in England, though they were fo to Scotland 
and Ireland, in the unjuflitiable war he carried on in 
tkofe two kingdoms. And here I wiili to infert this 



244 HISTORY OP THREE OP Tilt JtTD-&E^ 

general apology. If there fhould be any miftakes m 
thefe hiiloricai touches, and ftatements, they can be 
eafily cnr'--:c>cd by referring to the authorities. Ta 
this correclion I do and oi.ght readily to fiibnaft, as I 
write more from the lefuit and recol'edtion of former 
reading, than from recent reviews of the hiftories. 

Oliver is generally conddered as a tyrant and an 
lifurper, full of religious enthufiafm, and of unexam- 
pled diflimulativin in religion and politics. The time 
has been when 1 tntertained fuch ideas, not from the 
Clarendons, the Sacheverels and Atterbiirys, but from 
the Hoilises, the Hales, the liarnets and the Lockes.. 
And yet upon more thorouglily entering into the genius 
and fpirit of his character, I have altered my fenti- 
uients. With refpeil to diflimalation, I never found 
a man freer from it. Indeed, like all difcerning and 
wife men, in different circumilances, upon new views, 
and upon new evidences he altered his mind ; but 
when he uttered himfelf he never diffembled ; he fome- 
times concealed, but when he fpake,. he ever fpake his 
mind, and no man more decifively and unequivocally.. 
No man ever mifunderftood Oliver ; they dreaded him, 
but they knew what he meant, and what is more, with- 
out deception, they relied upon it that he intended ta 
do it, and ftill more that it w^ould be done. He was 
ever clearly underftood. Unambiguous precifion, clear- 
Tiefs and perfpicuity were apparent in all his public 
fpeeclies. By his bold and mallcrly generalfhip, by his 
fubtilty and difcernment, he eluded the intrigues 
and (Iratagems of his numerous potent enemies. He 
could not'have accomplifhed it by hypocrify. He did 
it by well concerted and deep policy. He was a match 
for the v.'orld, and efpecially for ail the cabinets of Eu- 
rope. He led others to deceive themfelves, but lie never 
deceived them. Hypocrify was unnatural t^o him, it 
was abliorrent to his very nature. He needed it not. — 
He was too fincere and open in religion to need hypo- 
crify for ingraciating himfelf with the religioniQs. They 



OF KING CHARLES I. 24.5 

knew him well, and they had his heart, an^ he had 
their's : and he was too wife to expend a iifelefs hypo- 
crify upon thofe who could never be brought into his 
meafures. Away then with the ftupidity of charging 
Oliver with hypocrify. He had too much courage to be 
a hypocrite in rehgion or politics. 

As to his religion he was a fincere Puritan. In his 
youth, while at the univerfity, and until aged twenty- 
hve, he was thoroughly vicious and debauched, un- 
principled in morals, of turbulent, of haughty and fe- 
rocious manners, and abandoned to a^ll licenlioufnefs. 
He was then feized by the energy of Omnipotence, and 
fo ftrongly impreifed with the awful folemnitiesof reli- 
gion and eternity, as efFe6lually changed his heart, gave 
anew and decided diretlion to the purpofes of his life, 
reformed his morals, and recovered him to exemplary 
piety ; in which he refolutely perfevered through life, 
unfullied, unpolluted by vice, by the fplendor of courts, 
or by the luxurious living ufuaily attendant upon the 
elevation to which he afcended. Like a citizen of the 
univerfe, he was ever feeking the Lord, as did King 
David, and the lord chief juflice Hale. If the ten 
Kings of Europe had now a pious David among them, 
who was always fmging pfalms, praifu^g God, praying 
and feeking the Lord, as that religious King ufed to do, 
they might denounce him an enthufiaRic religious 
hypocrite, with as much juftice as Oliver. Oi.'ght 
Daniel to be afliamed of worlhipping the God of heaven, 
left he fliould incur the imputation of hypocrify, which 
he certainly would have done in the licentious deiftical 
age of Charles II, ? Shall Oliver be vilified for feek- 
ing wifdom at the Fountain of Wifdom ? At lead is 
not one hundred and fifty years long enough to cad re- 
proach and derifion upon a maa for afldng counfel of 
his God upon every iuiportant emergency ? Good God I 
Ihali it be a difgrace for mortals to fupplicate thy throne ? 
Or do we find ourfelves in a' part of the creation, where 
it is infamy and reproach for a ■ hnite limited miiid to 



2^6 HISTORY OF THREE OF THE JUDGES 

Gonfuit Infinite Wifdom and unerring rectitude ? O 
Oliver ! how I love thine open, thine unabafhed, thy 
undiifembied and undifguifed rehgion ! 

He beheved in the moral government of tlje Moft 
High, regarded it, and reverenced it. He l3elieved 
the grand leading principles of it were difplaycd and 
developed in at lead one (ingle inftance, the feries of the 
divine treatment of the Hebrew nation, which he had 
feletSled as a fpecimen of his whole moral government 
of nations, and of the nniverfe' itfelf, and particularly 
as an example, in which all might look, and thence 
form a decided judgment of God's a61ual treatment of 
all nations, all fpontaneous fovereignties, however 
formed, that it fliould be, always had been, and always 
would be moll exa^lly according to their moral ftate 
for religion and virtue, or the reverfe. As he believed, 
fo he really faw God carrying on this government 
:among all nations : and that the reclification of the 
moral ftate of a people, and fupprefling vice and irreli- 
(;ion, was co-operating with God, and©ught to be the 
pole-ftar of political fovereigns. Hence he ftudied the 
law of the Lord ; an antiquated work, very valuable it 
might be fuppofed as iffuing from Infinite Wifdom, a 
work liowever like the antient Digeft of Juftinian, 
grown obfolete and very little attended toby modern ci- 
vilians and princes, but like the Pande6ts when found 
at Amaifi, greatly valued. The facred Pande6ls were 



ceply uudicd by Oliver, to learn from thence the prin- 
ciples by which the fovereign monarch would govern a 
nation, govern a univerfe, and as the great exemplar 
for his fubordinate imitation. Tlius he fludied the 
principles ot the divine government in the Bible, 
which w^as the man of his connfel, as it was David's, 
rather than in the unprincipled deiftical views of the 
ftate of nations, in which he could learn little more than 
the corrupt ancl diabolical principles of a machiavelian 
policy, if at any time miftaken, he made it however 
his iiitimate view and endeavor; to acl his part under- 



OF KING CHARLES I. 247 

the God of heaven with integrity and fidelity, and vvitR 
unawed refolution to profecute this, and at all events in 
his perfonal and governmental chara61:er to approve 
himfelftohis God. In great and numerous instances 
he appears to have been the felf denying and difintereft- 
ed patriot. He adled with a magnanimity, a purity 
and greatnefs of character, in many trying inftances, 
fcai-cely to be equalized. He was a Phoenix of ages. — 
The more his charadcer Is examined, even with the 
feverity of the mod: rigid, but difpaffionate juftice, the 
more will this idea force itfelf upon us, and evince that 
it will live and fnine with a permanent and abiding 
glory. This for his religion and hypocrify. 

Oliver is ridiculed for ftudying the fcriptures, and 
especially for modeling his lavv^s and government by 
them. Unhappily this is too much coniidered as 
abfurd and ridiculous by chrlftian civilians and politi- 
cians, who fmcerely take the Bible indeed for the direc- 
tory to heaven, but not for civil life, and leail of all for 
law and government. With avidity we feize the fcat- 
tered fcraps and reliqui^ of the antient legiflators, and 
the law codes of ftates and nations. With avidity we 
learn wifdom, we learn the principles of law and go- 
vernment, from the hiftories of nations, from the frag- 
ments of the XII tables, of the inflitutes of Numa 
Pompllius, of Lycurgus, Solon, Zoroafter, and Con- 
fucius, and even of the profoundly wife code of the 
Gentoo laws. Ail v/hofe inftitutes, however, alfo pre- 
tended to have been of divine original, yet by European 
civilians are now imiverfally confidered as fouiided in 
the refearches and inveftigations of reafon, often falli- 
ble, various and contradictory. 

TbeEdda, Offian, any rellqui^ of the inflitutes of 
Odin, are read Vv'ith admiration. Could a book of the 
Druids be found, purporting to be tv/o thoufand years 
old and written by a Druid, as the Penteteuch by Mo- 
ibs, defcribing the facriiices and priellhood, the laws 



24B HISTORY OF THREE OF THE JU0GES 
and hiftory of the Druidical {]/ftem, a Burgoyn v/ould. 
lay hold of it with rapture, and would neither bltifh nor 
diillain to learn from thence ihe otPicc of priefthood, 
though defpifing the Mofaic ^nd Chriftian priefthood. 
And even Hume, Gibbon, Voltaire and Rolteau would 
read it with avidity and admiration, and deduce from 
thence with triumph as from the Koran a contraft for 
the depreciation of chriftianity. 

With infinitely greater juftice might we admire and 
profit by the code of Bramin laws, as delivered by the 
Pundits and learned Jurifts of India ; in vvhich are to 
be found many excellent principles of law and equity. as 
v/ell as governm.ent, worthy to be adopted into the ju- 
rifprudence of all nations. Conld' we find the code of 
Alfred it would be read with valuable inftru£tion. If 
the reading and admiration of th^fe antique corapofi- 
tions, are applauded as indicating high tafte and dif- 
cernment ; why fhould the reading of the facred code 
be reprehended ? In the Mofaic code, if we except the 
inftitutes peculiar to the fuccefiions in family inheri- 
tances, in the tribual divifions of territory, and the fa- 
crihcature, there will be left a very valuable body of 
laws of contra6ls and commutative juftice, as well as 
of criminal law, having the advantage of being afcer- 
tained by God to be founded in eternal reafon, and the 
univerfal immutable law of nature. It muft therefore 
be worthy of the contemplation of political governors 
and judges who are fmcerely deiirous of inveftigating 
and eftablifcing righteoufnefs and juftice in their admft- 
niftration. To Deifts this would be of no moment ; 
but to Revelationift Civilians it muft be of unfpeakab}e4 
utility and confolation. With peculiar profit and ad--' 
vantage may Kings and fovereign rulers look to the cha- 
racter of David and Jehofaphat, Vizirs and Prime 
Miniftersto that of Daniel, and Judges to that of Sa- 
muel ; entering into the fpirit of then* examples ; a- 
voiding their errors and that wherein they were diiap- 



«P KING CHARLES^ I. 24^ 

jarroved of God ; and imitating their efiGellencies and 
virtues : with the fingular heartfelt confolation of know- 
ing with preciiion that herein they are fo far ading to 
the approbation of the Moft High, by whotn Kings 
reign and Princes decree juftice. Judge Hale w^as thus 
adluated. If a human fyftem of national law, the prin- 
ciples of polity and govermental adminiftration welt 
digefted, and compiled on the experiment and wifdom 
of ages, be thought worthy theftudy of a Judge, a Staef- 
men and Legiiiator, or Politician ; how infinitely more 
w^orthy of our fuidy and contemplation a code of divine 
lawandjurifprudence, (jould we tind fuch an one in- 
ftituted by God for any nation on earth ? Oliver found 
fuch an one ; he faw this in that of the Hebrew nation. 
And under this view, deceived or not, how confident 
and rational and juft for him to ftudy it with the greateft 
diligence r For befides that it afcertains, as he was 
weak enough to believe, the way to a better world, it 
gives innumerable important declarations and decifions 
in national law and equity, educes the principles of 
juftice in numerous gjreat law cafes, with a divine at- 
teftation and afcertainment, thereby fuperadding a 
weight, of which the pande6ls and laws of all other na- 
tions are deftitute. In the bible we are not only afcer- 
tained of laws, but government. Of what immenfe ad- 
vantage is it that, in the general examples of Kings 
and rulers and flatefmen, even under all the humaa 
corrupt mutilations of the original polity givea by God, 
we may learn what Kings and Potentates may and 
may not, ought or ought not to do, what God has ap- 
proved and what difapproved, in civil, military and. 
pohtical adminiilration : and how fovereigns and fu- 
bordinate rulers, in what manner foever elevated to rule 
and dominion, ought to condu6l government, both for 
the welfare of fociety, and the acceptance of the Mod 
High. I will not commit m.yfelf, nor furrender my 
own difcenimxcnt, I will not temporize fo much in an 
eafiuefi of conctlhcn t-o Qthers^^ though of the firll eru- 



250 HISTORY OF THREE OF THE JUDGES 

dition, and higheft literary and profeffional abilities, a^- 
to make Reveiatioii a queftion. They well know, kovv 
much foever they may fmil© at our credulity, that vve^ 
believe it with firmnefs, and that there are among be- 
lievers men of equal abiUties, and even of fuperior, 
more profound, and more comprehenfive erudition: 
nor are they to conceive that theynionopolize all the. 
fair inquiry in the world. I ftouid as readily fiirrender 
the. demonflrations of the Newtonian philofophy and 
aftronom.y, as the demonftrations of revelation to fan- 
ciful phibfophic theorilis and viiionaries. V/e hava 
not followed cunningly devifed fables in believing the 
iyftem of revelation. For a flate or civilian that be- 
lieves it, Ihall it be turned to their reproach, that tliey 
attend to it and ufe it accordingly ? that it fhould be- 
come the daily ufe both of Princes and fubjedls ? a ufe, 
which the difciples of Confucius and RoiTeau would 
themfelves applaud and announce worthy to be adopted 
and recommended, the moment they fhould fee it a* 
we do, a.divine Verity. Let Oliver then be no longer 
reviled for reverencing the iavy of his God, as a legijla- 
i(^r ^^d politic i any ^s\^Q.\l^StL chri/iian. 

And as to his tyranny : let us once be determiiied, 
that the dilTolution of the long parliament was juft and 
neceifary ; necellity will then require fome chara6ler to 
do it, and that fome fuch head fhould arife to do the 
work, and alTume the government. Thus necefiity re- 
quired the American reiiitance to parliament ; neceility 
required a Congrefs, an Adams, a Hancock, a Ran- 
dolph, a JcfFerfon, a Rutledge, a pious Gadfden ; ne- 
cellity required, legitimated and juitified the a£l; of in- 
dependency, and the diflTiCm-berment of the United 
States i>om the Britilh empire. Oliver was elevated to 
the fovereignty of the commonwealth by a necefiity, 
both as it refpe(Sled himfelf perfonally and the republic, 
which precludes and annihilates all ideas of ufuipation. 
He enterprizcd, and by his fortitude united with heroic 
wifdom, he did that, which, in a polity unviokted by 



©F KING CHARLES T. 25I 

its governors andadaiiniflrntors, would have been ufur- 
patioa ; but iii this int racled and tumultuous period, 
was a glorious xieliverance, refcue, and confervatioii 
of liberty. He fcizcd the hehn and laved the fhip, 
when the courfc its pilots (leered was !o certain ruin and 
-deIbu6lion. At one bold llroke he dcilroyed the per- 
petuation of the parliaj.nent, and h(t all open ior a free 
republican erlabliiliment. And it was foon manifcft that 
.this diifolaTion was very grateful and acceptable to the 
great majority of the people. Thus he brought the na- 
;tion to the very obje6t of the parliamentary war. Every 
-thing was nov/ open and prepared for the nation to form 
its own conftitution, founded on the rights and liber- 
ties of the people. But the nation was not ripe for de- 
liverance. It. was not ripe for the unnatural union and 
confolidation of the three kingdoms, on which, as to 
■fubjugation by force, Fairfax was right and Oliver er- 
red. It was ripe for a republican polity for England, 
and no more at that time. But the neceiTary light and 
wifdom v/as withheld from them. The comprehen- 
five views of Croniwel and the patriots grafped at too 
iPiUch, at more than was prepared then to hold togeth- 
er. Their uniting three kingdoms was a then imprac- 
ticable and deiufory cbje6l. Had the convention par- 
liament of 16^3 made England only theobje<5lof their 
republican polity, they might perhaps have fucceeded. 
.Scotland could not then bear to bury their fo vereignty as 
an Independent kingdom, in the comxmonweakh of 
England. 

The principles of the conflitutlon vs'ere good. The 
work was well begun, but never periedled. It was 
v/Cil done in part, that is for the delufn^e protectorate, 
and an elective triennial and well apportioned h^^ulc ot 
commons, faving iisohjecl was too extenfive, the con- 
folidation of three kingdoms then impradticable': It al- 
(o well regulated as to the elecStive and fucceilion of the 
other houfc, or houfe of Lords, making iheni in a cer~ 
tain mode dependent upon the houfe of comir.ons. — • 



0^:2 HISTORY OF THREE OF THE JUDGES 
Upon this conftitution, which was regularly brought 
into uf^y the elevation of Oliver to the Prote61:orate was 
regular, and legal, and no ufurpation. He was no 
ufurper, but legally and conftitutionally invefted with 
the ibpremacy in dominion. 

However the fe h-appy beginnings were never firmly 
finifhed, and the whole fabric was overturned at the 
Relloration ; yet the great work, and tlie whole great 
enterprize of the Long Parliament and Prote6lorate, 
make an important and glorious period in the hiftory of 
England, by far the moll: diiiinguidied and glorious in 
the Englifh hilkTy from Alfred to the prefent time. — 
This memorable confii£l and ftruggle has proved the 
means of theconfervation of all the liberty remaining in 
the EngliiTi conftitution ; and furnifhed an example for 
the contemplation of ages, and to v/hich the Englifh 
nation will ever have recourfe, until in fome future pe- 
riod, animated by the examples of thefc patriots, and 
.refuming their principles, they will ail them out to 
their full extent, reform and perfeft their policy, and 
work out the falvation of liberty. And fo great will be 
the future benefit of the example of this period, it will 
abundantly repay all the blood and treafure expend- 
ed in the glorious conteft with tyranny, from 1641 to 
1660, inclufive of the twenty or thirty regicides who 
were inglorioufly facrificed at the Reftoration. Had it 
not been for the parliamentary oppofition to Charles I. 
no man doubts but his tyranny would have been in- 
creafed, till the parliament would have been no more, 
or reduced to a cypher, and the governm^ent become as 
arbritary and defpotic as that of France or Spain. This 
gloijous ftruggle gave a check to it ; and though abor- 
tive by the return of defpoiifm, will be revived again 
and again in the nation, with redoubled and redoubling 
force, until it fhall at length ePiabhfh an enlightened and 
happy polity. There will the meritorious characlers 
v-.hich fhone and dlfplayed themfelves in the antecedent 
periods, of efforts le:;d:ng on to this great and glorious 



OF KING CHARLES I. 253 

event, receive the lading tribute of perpetual eftimation 
and honor. 

No more will the immortal Oliver then be confider- 
cd as a tyrant and ufurper, but as one who was legally 
and regularly inveftcd v^ith the prote6lorate, and as 
one executing that high betruflment with integrity and 
ability, and with an unexampled equity and benevo- 
lence. Being inftalled in office, " he proceeded to the 
exercife of his auihority, which he ufed at home with 
great moderation and equity, but fo eP/e6lually aiTerted 
at all foreign courts, that he foon made the greatefl: fi- 
gure in Europe, aud recei\^ed marks of refpedl from all 
the fovereigns in Chriftendom, who trembled at his 
power, and courted his friendihip, at the fame time 
that they hated ins perfon."t He reform.ed the laws, 
and for this end joined and availed himfelf of the afhil- 
ance of perfons of the greateil integrity and ability, to 
confider how the laws might be made plain, fhort and 
ealy. He took care to put into feats of juftice men of 
the mod known integrity and ability ; he reformed the 
chancery ; he was of great difcernment in charailcrs, 
and filled all the offices of every department, civil, mi- 
litary and naval, with the beft fet of officers ever known 
in the nation. And when he had done this, he awed 
them into fidelity. He fet them to work, and lie faw 
that the work was done. They knew he would not be 
trifled with, they all knew it mull be done, and it was 
done. Never was the whole fydem of interior govern- 
ment carried on with more firmnefs, judice and ordei-, 
or freer from corruption, opprellion and injuftice. He 
Was a terror to evil doers, and a praife to them thad did 
>vcll. He eilablilhed liberty of confcience. His go- 
vernment was impartial, peaceable, mild and moderate, 
but energetic and efficacious, and firm as the moun- 
tains. Il was excellent. He appointed Major-Gene- 
rals to fuperintend the inferior magidrates in every 

4. RevicTV Life 0. C. bj a Gent. MU, Tan. P. I'S;, 



234 HISTORY OF THx^EE OF THE JUDGES 

CQiinty. *^*It was hardly poffible for any governor to 
fhew more regard than Cromwell did for the riijhts and 
prop.ertiesof private men, He fupplied the benches at 
vVeihninfter v/ith the ableft lawyers, whom he had in- 
vited to the public fer-cice. JVIaynard, Twifden, New- 
diga.te, Wii'.dham, arid other gentlemen of great in- 
tegrity and learning, were made by him Sergeants at 
Lav«\ and Mr. Matthew Hale, afterwards the famous 
lord chief jultice Sir Matthew, was advanced to be a 
juPiice of the common pleas. Milton, the great Mil- 
ton, was Latin Secretary, a man that would have 
done honor to the mightieii monarch, to the moft polite 
nnd learned court in the beil ages." — " Nor can we 
better fum up the chara£ler of the civil government at 
this time, than in the following extrad, which is chiefly 
taken from Echard, a moll virulent enemy of the Pro- 
'tec%r and his friends." — 

** Cromwell, though he proceeded in an arbitrary 
manner againfl: thofe who conteited his authority, yet 
in all other cafes, where the lite of his jnrifdicfion was 
jiot concerned, he feemed to have a great reverence for 
the law and the conilitution, rarely interpohng between 
party and party : and to do him jufrice, there appeared 
in liis government many things that v^ ere truly great 
and praifeworlhy. Juiiice, as well diftributive as com- 
mutative, was by liim reftored almoli: to hs anticnt grace 
and fplendor ; the judges executed their oiiice without 
T:ovetoufnefs, according to law and equity, and the 
lav.s, except fome few, where hi mfelf was immediately 
concerned, being permitted to have their full force upon 
all, witheut impediment or delay, men's manners, outi 
wardly at leait, became likewife reformed, either b'y 
removing the incentives to luxury, or by m.eans of the 
antient lav/s now revi\ed, and put in execution. There 
was a ftricl difcipline kept in his court, where drun- 
kennefs, whoredom and extortion were either banifhedy 
or feverely rebuked Trade began again to jjouriih an«I 

^ Rcvicvj 0.C. F. 192. "^i tnorngyjbfifiiggiiaioil- 



OF KING CHARLES I. 2^^ 

profper, and mod things to put on a happy and pro- 
mi ilngafped. The Protedor alfo Ihewed a gie:it re- 
gard to the advancement of learning, and was a great 
e/icouragcr of it. The Univerfity of Oxford m parti- 
cular, acknowledged his Highnefs's refpefl to them in 
continuing their cliancellor, and beitowing on the pub- 
lic library the twenty-four Greek manufcripts, and mu- 
nificently allowing one hundred pounds a year to a di- 
vinity reader. He alfo ordered a fcheme to be drawn 
up for founding and endowing a college at Durham, 
for the convenience of the northern fludents. Towards 
all who complied with his pleafure, and courted hispro- 
te£lion, he manifefted great civility, generofity and 
courtefy. No man feemed to be more tender of the 
clergy than himfelf, though he would not lift himfeif in 
any particular fe6l:, faying " it was his only willi to fee 
the church in peace, and that all would gather into one 
ibeepfold, under one fhepherd, Jefus Chrift, and mu- 
tually love one another." Though the pu.blic u^t of 
the common prayer was denied to the Epifcopal party^ 
yet he allowed the uk of their rit5s in private houfes : 
and milder courfes were then taken than under the ty- 
ranny of others." Ideas, how juil, liberal and noble ! 
how becoming the dignity and benevolence of the head 
and father of a republic 1 An example how woi thy the 
emulation, the imitation of all fovereigns ! 

The purity of his principles are called in queftion, 
or rather now with one confent reprobated by all.— ~ 
Shall we fay it is impoilible for a man to be ultim.ately 
actuated by the views of patriotifm and public weal? 
Had any other man done half the good and excellent 
things for the regulation of the public welfare, he would 
have left his chara6ler for real patriotifm unproblema- 
tical. Not only vtere his adions the mod wifely 
ada^^tad and efficacious for the public good, but he ap- 
pears as uniformly aduated by a fixt regard to public 
juRice and right, as it appears pofhble for a charader 
whofe aggrandizement arofe out of the aggrandizement 



256 HISTORY OF THREE OF THE JUDGES 
aWtrue glory of the flate he governed. It Is infidion^ 
t^6'<%rcrrt)e ali to linifler and feparateperfonal views in 
acHarader offo much public ufefulnefs. But it is faid 
her once put the queuion to VVhitelock, *' What if a 
man fhould take upon him to be King?'" — letting out 
t^ie fecr-et that ambition and luft of dominion vA-as his 
rtiling ^^aflion and ultimate view. He faw further than 
Whitdock : he knew the nation and parliament were 
ripening into ideas of the neceflity of Kingfhip, and 
knew that it would be fatal to republicanifm, his great 
idol. And what if founding the public fentiment, and 
being too knowing for Whilelock, he took him in v/ith 
this fublil queilion, and by it unlocked ail Whilelock 'b* 
heart, without difclciing his own. Very ini^ruflivG 
and ufeful was this converfation to Cromv/ell, who 
left his friend to deceive himfelf and the world, as if he* 
afpired to the crown, when nothing v/as more abhor- 
rent to him. The experiment was made upon him r 
the crown and title, with all it flattering glories were of- 
fered to him, and with the greateft importunity preffed 
upon him, by the unanimous voice of a misjudging 
ppi! lament, joined vvifn the firft law cliara5i:ers in the 
nation. He was wifer and faw farther than all the parr 
iiament. He faw that by accepting the title the object 
for which he and the nation had been contending, a. 
free (late, w^ould be given up, and this v/as as dear to 
Iiina as to a Wafhington. The national objedl would 
be now changed into a fam.ily perfonal conteii", whe- 
ther Cromwell or Stuart fliould be King. Cromwell 
could have been King, but his idol liberty and the 
commonwealth muft be given up. Not the gratifica-- 
tion of ambition, but faithfulnefs to his country's caiif:i 
operated, and he nobly declined the proffered, the. de^^ 
hifory, the ruinous glory. In this, as well . as in the^ 
uniform tenor of all.liis conduct, when critically, juftiy 
and candidly exam.ined, he ever appears, to a diftin- 
guiflied degree of fidelity andperfeverance, to have been 
decidedlv actuated by pure and patriotic motives, Ncr 



OF Klx\G CHARLES I. 2^7 

\vas it bcc-Aife, under the name of Proteclor he had got 
the fubftance, and was pofTeOed of equal power with ^ 
King, which was not the truth ; it vvas becaufe lie 
faw 'i hat hereby the eaiife would be given up, and the 
government return to a tyranny. And his ideas were 
verified at the Reiloration. Let repubhean hberty arid 
the eftabiifhment of the colledive body of the people in 
the podeilion of their laws and rights, be coniidercd a-? 
Ohver's ruling motives, and all his conduct may be re- 
folved, without having rccourfe to corruption, venality, 
ambition. He would thereby be prom.pted to all the 
daring, the [^reat and heroic actions which adorn and 
immortalize his characler. The more thororjghly this 
character is examined, even with a rigidly ju(.i, but un- 
acrimonious feverity, the m.ore v/iil it approve iifelf as 
an high example af purity in gove-rnmentai and political 
life. 

I have faid that Oliver was tried with the title of a 
King, and declined it. Many of the true patriots fin- 
cereiy, as well as others from e-nfnaring views to recon- 
cile the nation to a return to monarchy and revocation 
of the royal family, were fond that Oliver ftiould have 
afTumed the name of a king. But he h\v beyond thein 
all, that it was time to lay the name, as well as the thing 
afide. Such and fo various, fo complicated, perplext 
and indefinite had become the airociation of ideas con- 
nected with that name, that its further ufe was danger- 
ous, under the moll: ^xprefsly defined and well limited 
defcriptions. No man knows the prerogatives of the 
crown with precifion, in any ftate in Europe to tbisday 
— AH is loll: in clouds and incomprehenfible myftery.-— 
Like the title of Bifhop, which has becoine, in the no- 
torious conteffion of all men, a very different thing from 
the original fcripture billiop. All the world know^s 
that the fcripture bilhop differs from the titular biiliop. 
of the middle and fubfequent ages, by the additions pa- 
raphernalia of civil, political and ecclefiaftical powers, 
and even in fojne initances of fecubv fovereignty in ci^ 



25S HISTORY OF THREE OF THE JUDGES 

vil dominion, as Mentz, Cologne, andOfnaburg; as 
v/ell as in the twenty-fix Engliih bifhops, and in moil 
of theepifcopacy of the Latin, and in feme inftances, 
of the Greek chuich particularly in Ruffia. While all 
along through every age have been to be found all over 
ChriRendom, amidfl: the general fliip-wreck and prof- 
titution of the Apoflolic inftitution, the fcattered re- 
mains of the prim(xval fcripture epifcopacy, in the 
paftorate, or primacy in the coequal elderihip of a fin- 
gle congregational church. Papa, or pope, was the 
common and univerfal appellation of the clergy, both 
bifiiops and prefbyters, throughout Chriftendorn, in 
the fecond and third centuries, and continues to be fo 
to this day in the Ruffian Greek church. But though 
originally fignifying only Father^ it has acquired fuch 
odium and infamy in Weftern Europe, that there is 
not a proteftant bilhop but would now abhor and dif- 
dain it. After the prefent war of Kinf';s, the very name 
King will become equij^ly odious and infamous. 

Suppofing Chriftendom at a given time, as the pre- 
fent, ihould confift of 130 miilioDs of nominal chrif- 
tians ; and thefe refolved into 130 thoijfand churches, 
or congregations, of a thoufand fouls each ; and that 
each of thefe congregations were furniflied and organi- 
zed with a prefbytery, and each a bifliop or paftor at 
its head, that is a bifnop, prieds and deacons for each 
congre^^ation ; this would be the fcripture model and 
polity lor the ciiurch, and thus jure divino. Now for 
the purpoljs of fraternal communication both of the 
minillers aiid churches, what kind of artificial polity 
they might agree for prudential and w^ife reafons to 
ihrow themfeives into, whether into an hierarchy con- 
fiding oi various grades and fubordinations under one 
pontif", ore number of hierarchies under diirerent pon- 
tiffs, or independent fupreme heads, or however they 
- Ihoukl modify themfeives into prefoyteries, ciaifes or 
alfemblies — all of it mud beconfidered as only human 
counfcl, and- act at all ywrt' dlvlno. In the candor of 



€rF KING CHABLES I- 2,59 

-ev'Ciy mind they iniift be ftriptof all this, towards dif- 
cerning the true fcripture biihop. It furely is not a 
little fmgular, that neither the omnifcient " Jefus, who 
certainly forefaw the growth and multiplication of 'his 
churches, nor the infpired apoftles, fhould ever have 
fuggeiled, nor have left any dire61;ions for the arrange- 
ment and formation of any fyftematical hierarchies, or 
indeed of any combinations or polity at all, out of a 
particular congregation, if they had feen it necelTary or 
expedient, for the well being of the Catholic or univer- 
fal church. The prefumption is (Irong, that Chriftdid 
not fee it to be neceifary ; and from the apoftolic pre- 
di6iions of an ecclefiaftical apoftacy, he certainly fore- 
faw, as Clement informs us, that it would be danger- 
ous, as it has proved in hiilory. In reviewing the Hate 
cf the church, we ought carefully to diftinguiih what 
is of divine and what of human wifdom. We do this 
vvith refpe61: to the infpired books, and the uninfpired, 
with clear and certain precifion. With fuch adiltinc- 
tioR and analyfis we may eafily difcover the fcripture 
biiliops, which when (Iript of all additions parapherna- 
lia, will all become fratres brethren, and fcarcely dif- 
tinguifhable from the humble paftors, the untitled 
common minifters of the churches. But if any fe6): or 
body of chriftians are pleafed with a facerdotal hierar- 
chy, afcending through various gradations, dignities 
and eminencies, " from the dirt to the fkies •" t yet let 
them all ceafe to think, there is any jus divinum in fuch 
a poHty. 

In like manner, v^^e are not to infer the primoeval 
meaning of a King, or title of the chief ruler of a So- 
vereignty among the nations, from the meaning to 
vvhicii it has long grown up by ufe in the ages of tyran- 
ny and ufurpation. Kings, Mdakim^ leaders,, rulers 
were primoeval in all nations and countries around the 
terraqueous globe, and muft have been from the fpon- 
taneous nature of univerfiil fcciety. The firlt feventy- 

t Mayhew, 



a6o HISTORY 0F THREE OF THE JUDGES 

two nations immediately after Babel had them. But 
what ^Acre thefe primoeval Kings ? Not defpots, rulers 
by their own will, but aclors forth of the counfel and 
will of the people, in what for the public weal w^as by 
the people confided to their execution, as prinii inter 
pares confillarios^ the firil: or chief baron in the teutonic 
policies, of a preiidential, not autocratical authority, 
the organ of the fupreme council, but of no feparate 
and disjoined power. Early indeed among the Orien- 
tal nations fprung up a few Ninufes, while in general 
for ages, particularly in Europe, they were what they 
oi]ght to be. If we recede back into early antiquity, 
and defcend thence even late into the martial ages, wc 
fhaii find the rellquicB of the original policies, efpe- 
cially in Hefperia, Gaul, Belgium and Britain, and 
plainly difcern the Duces, the Reges, the heads of na- 
tions, by whatever appellation defignated, ftill xh^paires 
patriae. The additions powers annexed to their titles 
afterwards, caufed them to grow up to tyrannic go- 
vernors of will. Not fo in the begmning, when they 
were like the Sachems of Indian nations. And per- 
haps the primoeval polities may have fubfifted and fur- 
vived with purity in the Indian fachemdo:^:!^', which 
however hereditary, are fo in a mode unknown to the 
reft of the world, though perfectly underftood fey them- 
felves ; nor is any man able with our prefent ignorance 
to comprehend the genius of their polity or laws, which 
I am perfuaded are wife, beautiful and excellent, rightly 
and fairly underftood, however hitherto defpifed by 
Europeans and Americans. We, think of a Sachem as 
an European King in his little tribe, and net:ociate 
Vv'ith him under miflaken transatlantic ideas. And {o 
are frequently finding them cyphers to cci-tain purpofes 
without the coUediive coiiacil of warriors, who are all 
the m.en of the nation, whofe fubordination is fettled 
and as fixt as that in the feudal fyftem. At times we 
fee a Sachem dictating with the f^eming authority of a 
defpot; and lie is obeyed becaufe of x\\<^ united fenfe of 



OF KING CHARLES I. ^ - 26 g 

the nation — never othervvife. On their views of foe iety^ 
th^ir policy is perfect wifdoni. So alniiejit Kingfhip 
and council monarchy in 'Afia and EnrojDej'was like' 
thai of Melchifedek, lenient, wife and e-licacious,.--*' 
This flill lives in Africa and among foiPie of the hordef: 
of Tartars, as it did in Montezuma and Mango Capac,' 
But ihtCe pri?77i infer pares foon grew up to beiaiis of 
prey ; until ages ago government has been conilgned 
to the will of monarchs, and this even with the confent 
of the people, deluded by the idea that a father of his 
people could not litic but with afiedion and wifdom.. 
Thefe in Greece and Sicily were called Tyr^tnni, to 
diftinguifla from Archons, Princes and other rulers by 
council. A.ll government was left to will, hoped and 
expe£led to have been a wife will. But the experiment 
raifed fuch liorror and deteftation, and this official 
title has for ages become fo difguftful and obnoxious, 
that Kings themfelves cannot endure it. Never will a 
King hereafter aiTumc the name of a tyrant, nor give 
the name of Baftile to a national or (late prifon. The 
brazen bull of Phalaris was ufed once ; has been difufecf 
two thoufand years ; and will never be ufed again. So 
the name of a King now excites horror, and is become 
as odious in Europe, as that of Tyrannus at Athens, 
Syracufe and A;:{rigentum. The name and title of 
King will foon become as difguftful to fuprenie m.agif- 
trates, in every polity, as that of tyrant, to vyhich it \s 
become fynonimous and equipollent. It may take a 
century or two yet to accomplilh this extirpation of 
title ; but the die is caft, Kinglliip is at an end ; like a: 
girdled tree in the foreft, it may take a little time to 
wither and die — bsit it is dying — and in dying, die if, 
mud:. Slaying the moniter was happily begun by Oli- 
ver : but the people fpared its life, judicially given up by 
heaven to be whipt, fcourged'and tormented vvith it 
two or three centuries more, unlefs it may be now in 
its laft gafps. Novv there n-iuft be a fupreme and chief 
ruler in every fociety, in every polity : and was it nut 



262 KISTORV OF THREE OF THE JUDGES 

for the compleK alTociation of infidioiis ideas, ideas oi 
dread and horror conneiled with the appellation King, 
or could it be pursued and redored to the pi^rity of antiJ 
quity, it might dill be fafely ufed in a rcpubhc. But 
this can not be done : — It mull therefore he relegated 
into contemptuous neg]e61. And a new appellation: 
muft be taken up — very immaterial what it is, fo it be 
defined to be but primus inie-r pares^ ccnfiUariQSy Hand 
on frequent election, and hereriitation for ever repudia- 
ted and banifiied. The charm, and unintelligible myf- 
teries wrapt iip in the name of a King being done away, 
the way would be open for all nations to a rational go- 
vernment and policy, on fuch plain and obvious gene- 
ral principles, as v/ould be intelligible to the plainell 
ruftic, to the fubdanfial yeomanry, or men of landed 
eftates, which ought to be the body of the population. 
Every one could underftand it as plain as a Locke or a 
Camden. And whatever the Filmers and Acherlys may 
fay, the common people are abundantly capable and 
fufceptible of fuch a polity. It is greatly wife there- 
fore to reje6i; the verv name of a King. Many of the 
enlightened civilians of the Long Parliament and Pro- 
tectorate faw this. Oliver faw it. And who fh all fay, 
this was not the governing reafon of his reje£ling.it. — 
From, reading his ienfible and mafterly an fvver to Parli- 
ament, I believe it was his X."\\t and only reafon. If 
acllng on fuch a motive is ever pofTible to the efforts of 
humanity, Oliver, of all men, was the man to do it. 
Certainly he could have exercifed more power under 
the title of a King, than under that of a Proteclor, 
which was far, very far more limited, befides thecer-^ 
tain hereditation of the crown in his family. It is irri^. 
poilible juflly to afcribe his refufal to avidity for p9W^r 
oriamily honor. -x".^;, ,=^,,, ,,j. .,-, i 

In the courfe of this difauifition, and efpecially in 
this chapter, let it be remembered, that I am not to be 
confidered, as tjie fimple hiftorian, but as profefTedly 
sdvocating the caufe of the Judges and the general cauTe 



OF KING CHARLES I. 2^3 

©fliberty, and as adducing hiftmical tertimonies and 
IHteiTients, to be applied in illuflrating and ertabliihing 
flich a defence. To this end a review of the principles 
of the long parliament and prote6lotatc beconies neccira- 
ty.y in every mind, for with them thecai}fe of the Judg- 
es (lands or falls. 

I proceed then and fay, that Oliver was again tried 
in a fecond capital inllance. Connected with the am- 
bition for royalty, would naturally be that oi an am- 
bition for heriditating this honour in his family. Tlie 
prote£lorate was by the conftitun'on for life indeed, but 
eledlive. It was doubdefs in Oliver's power to ha\e 
made it hereditary. Through the whole courfe of his 
adminitiration, does he ever difcover any intrigues and 
movements this way ? Do we ever hear of his neg!)ci- 
ations this way ? Yes, it is faid, that, at his death, he 
conlented that his fon Richard ihould be proclaimed as 
his fucceifor. This was true. And this is all ; and 
perhaps this v/as after death had invaded his mental 
powers. Had Oliver felt his wilh, and had he perceiv- 
ed the general fenfe of the nation for it, and had he 
forefcenthat fuch an eftabliflmient woiild have received 
j^ational fupport> vv^e will for the prefent fay, that he 
would have hefitated. If not clofed In with the mea- 
fure ; he would have been corrupted, if in fuch a ftate- 
ment it would have been corruption. But we in vain 
conje6lure, what he would then have done : he might 
have heroically difplayed a frelh proof of his dinntereif- 
ed and incorruptible patriotifm, and have rejected it. — 
It is in vain however to amufe ourfelves with conjec- 
tures upon fo fagacious a'cha,ra6ler, as Oliver's. Let, 
us rather fubiVitute ourfelves in his cafe, and judge hpv«F 
fo difcerning and wife a man as Ohver would havera^] 
ed in the then prefeiit circumilances. He plainly faw 
fiich a: grovi'ingand ipreading inclinati0.r! in the nation 
for the return of monarchy, and even ot the Stuart fam- 
ily, that however he might have hoped to have warded 
it odn 1653, 3^et by 1658 ne as clearly and fatlstac-" 



264^' HISTORY OF THREE OF THE JUDGES 

torily fbrefaw the inevitable dc'lrnclicn of the caufe, 
an<i the reiloration of Charles II. by the linion of the 
monarchical menibers and open royalHls, as if he had 
rqceived it by prophecy. He f^ivy the tide was turning 
and would overwhelm all. In tliis to me indubitable 
dftfpairofa good but loft caufc, what heart vvculd he 
hav,e, , had he been as ambitious as CisEi.r, for concert- 
ing and enterprizing plans for tl;e hereditat-ion of the 
prote6torate r Add to this, that had fuch a thing be^n 
his wifii, he too well difccrned and judged of charac- 
ters, even thofe of his own family, not to knovF, that 
the pacific, mild and inoffenfive Richard, had neither 
a fortitude nor wifdom, nor fpirit of enterprize equal 
to fuch a crifis. Indeed his family Situation Vv' as very 
peculiar and trying. He had four daughters and two 
fons. He was fo effectually deferted by them, that he 
could not pofiibly have entertained any hereditary hopes 
or profpe^ls. ^ f 

Bridget — v/as againft m.cnarcliy and the prote6^orate, 
even in her father. 

Elizabeth— againft her father's religion — a pious 
cpifcopalian ; a friend and partizan for both Charleses. 

Mary — for monarchy and tlie reitoration. 

Frances— willing to liave married King Charles II : 
to which her mother confented with earneiintfs,. and 
was for having Oliver fign the chorte Llmicbe, 'wif^ 

So the prote61or and his caufe, given up and deferted 
by his wile, and all his daughters. Nor were the two 
fons very tenacious of the caufe. He therefore never 
had a ferious thought tliat Richard could poliibly fuc- 
cccd. And could he have forefeeri the continuance and 
perpetuity of Ins beloved commonwealth, to which he- 
jcditation he kne^v vi^as a poifon, I believe fj-om the 
tenor and firmnefs of his iormer conduft, he v/onld 
have given a new and lingular proof of his patriotiim, 
and liave difcouxitenancccrandrejeded the ele6lion^of 
hisWrtfen,^ leail it'lhoiddVbaVe 1(fd on to iKis^bail6liil 



OF KING CHARLES I. 265 

fiercditution. But, as I faid, he knew that the reRr)ra^ 
tion would foon take place, and therefore difcovercd no 
fniitlefs intrigues againli: it. He well knew that what- 
ev-er might be done, notking could prevent it. Hh 
council and parliament were perfeclly at a lofs, what 
were his wilhes, and he never difclofed to any naaii 
this defpair, which it is not to be doubted he felt to the 
heart. The election of a prote6lor was with the lords 
of the council : they judgetl or conjectured that it would 
be agreeable to him, to be fucceeded by his fon : and 
juft as he was expiring, and had done with the world, 
they fimply afKed h/im his pleafure, w^hether Richard 
•fhould be proclaimed r and without the leail comment 
<or dire6tions, he as (imply juft anfwered, yes ; on what 
%is fagacity knew^, if he had any fagacity left, would 
>be perfeQly nugatory. Had they afked him, even in 
his fenfes, whether fay, Defliorough, Whalley or 
Fleetwood, fhould have been proclaimed, his anfwer 
juight have been the fame. He had heroically fought 
through and fuftained the caufe,but he knew it termin- 
ated w^ith his death. Oliver, if any man, ought to be 
credited in his declarations offmcerity, necellity and 
obedience to the calls ij^^/v af God and his country : fori 
^believe he w^as fo thoroughly fick of the world, even be- 
fore he afcended to the protectorate, that it had no 
charms for him ; and that he w^ould gladly, ifpoflible, 
have efcaped the burdenfome and dangerous honor, and 
evanifhed from public life into retirem.ent and obfcurily. 
And efpecially long before he left the world, he was 
fubdued and brought to feel this humility and felf annihi- 
lation. Forcertainly fuch a ftate of mind, and efpeci- 
ally of a fagacious, circumfpe6live and experienced 
mind, may be generated, and has in fome inilanees 
:been generated, Vt^itnefs Bslifarius, by a comparitive 
.and even anticipated view of the goods and evils of of- 
fice, that neither honoiu' nor riches, nothing but dufy 
to God and man would be left the really intluential mo- 
tive of an ofiice even of the higheft power, dignity and 
X 



.£66 HISTORY OF THREE OF THE JUDGES 

i:;reemiiience, I will not fay., to wifh and dcfire it, hixt 
.tvcn tc^Jubmit to its burdens and dangers. God is able 
to make this poilible even t?o man, and I doubt not it 
has fometimes been the fa6i:. That men are generally 
thus afFe(51ed, I will by no means afiert. But among 
the few inftances wherein men have been thus difmter- 
eftlv influenced, I do not heiitate to place Oliver ; ful- 
ly I think evinced in his fenfible, intelligent and m.ofl 
maPierly anfwer to tr.e comnnittee of the houfe of com- 
mons in 1657, who waited upon him with the addrefs 
of parliament, requefting him to alTume t lie office and 
title of King. ** I hope, fays he, that the honefty of 
my intentions, and the purity of my heart, will not be 
miiiakcn. I hope that nehher hypocri fy nor artifice 
■will be imputed to my open declarations, and fincere 
profeffions ; declarations and profeilions, which I make, 
nothaftily and negligently, bat with care and reflexion, 
and deliberate caution, in the prefence of Almighty 
power, by whofe providence I have been guided, and 
in whofe prefence 1 fcand. I hope it will not be ima- 
gined, that I reject the title of King from fondnefs for 
ihar of Proteclor, a name and office, to which I was 
i'jr from afpiring, and which I only did not refufe when 
it was offered me: — ^The only motive by which I was 
induced to engage in K) arduous and invidious an em- 
pioym.ent, was the defire of obviating thofe evils which 
1 faw impending over the nation. 1 therefore could 
not but accept, what the fam.e time I could not ardently 
{lefifw For nothing can deferve to be purfued with 
Qagernefs and affiduity but the power of doing good, of 
confering real and fohd benefits upon mankind. And 
iiirely while the only end for which greatKefs and autho- 
rity are defired, is public good, thofe defires are at 
leait lawhil, and periraps w^orlhy of applaufe ; they are 
certainly lawful, if he that entertains them, has, by a 
long and diligent exairanation of his own heart, an ex- 
ji«mination ferious and fmcere, without any of thofe fal- 
lacious arts, by which the confcience \s too frequently 



OF KING CHARLES- I. 2^ 

deceived, fatistied hlmfelf that his uUimate views are 
not his own honor or interelt, but the welfare of man- 
kind, and the promotion of virtue, and that his advance- 
ment will contribute to them." If it be poilible for ;i 
man in Oliver's fitiration to be fincere, he might have 
been that man. We certainly may have fnfficient rea- 
fon to believe it, even though it Ihould never in ia£t be 
believed by prejudiced mortals, till the revelation of the 
■ fecrets of all hearts : when it is poiiifele that Oliver, 
may be found in this clafs of undiirembled fincerity. To 
us on this fide the vale, it cannot, it ought not to b.^ 
wondered at, that araidil fuch high proofs of intcgriiy, 
there fhould be found fome approvers and admirers 
even of a charafSler very generally defpifed snd treated 
with infamy and contempt. There are thofe who tra- 
cing the life of Oliver through its whole career, are con- 
vinced that the public welfare generally governed him, 
that the caufe he was in was righteous ;: that the prin- 
ciples which actuated his general conduclj and that of 
his compatriots, were jufliHable and glorious ; and that 
*hQ purity of his intentions v^2iS confpicuous to the laft. 
On the fame principles we may vindicate and juftify the 
Judges, and others concerned in that abcriive work, in 
the great and memorable events of that day. 

Oliver Cromwell once faved the nation ; and upon 

deliberate confultation with both the army and parha- 

ment, and with the concurrent hearts of certainly a 

very large and refpe6lable body, even the main body of 

the divided nation, devifed and provided a very excel- 

;'lent confiiitution, in the form and fpirit of it very nearly 

j.refembling that afterwards adopted or conceived by the 

1 United States. The coniiitution by 1654, andefpeci- 

., rally by 1657, was ripened to this, that the government 

j.;:be a commonwealth ; the national legillature to confift 

j.^of a prote<5lorj^,and two houfes ; all ele6live and none 

5 hereditary..,, -i,' '. 

This conflitution, it is faid, was the produ6lion of 
three days, and conceived and fabrica,t£d t?j.thc officers 



268 HISrOltY OF THREE OF THE JUDGES 

of the army. Be it fo. This redounds to thehonoiir 
of«lle army." 'Fl? has been conceived that the ideas atid 
ijfages of defporifiTi in mihtary hfe, ill qualify for jnft, 
Cqifitablej civii dominion, and free government. But 
this ini'lance is in point to the contrary ; fhewing the 
moft equitable and Jiberai poHty conceived by men innr- 
ed to command^ and to the arbitrary domination of 
milirary life. An alTembly of Baronx or hereditary no- 
bility would never have devifed a civil polity (o hb'eral 
and rational,, fo lenient, juft and friendVy to all, fo well- 
adapted to p^romote the order, felicity and good govern- 
ment of a common vvealtli, or republican fovereignty. . 
It is worthy of inquiry, hovv this lingular phaenomeno® 
of wifdom arofe. 

An army eonfcribed, like the European armJes of 
modern ages, of " the gleanings of the loweft rank at 
people, ferving men difcarded, and miCchanics with- 
out employments, ??ien ujed to injults and Jerviliiy jrotiv 
their cradles, without principle or honor, or induce- 
ments to overbalance the ^enk of immediate danger,'** 
though officered with men of military fkill indeed, and 
well verfed in every branch of tactics and| in the whole 
art of war — officers taken from the nobility or their fub- 
iTiiffive connexions, principled in tyranny : fuch offi- 
cers, inured to arbitrary and defpotic command of 
Haves, might govern and difcipline an army well, but 
would give a dangerous tinge to civil polity. But let 
us choofe men, fays Oliver, ^' warm with fegai^ "to 
religion, men who tliink it a high degree of impiety to 
fly before the wicked and profane, to forfake the caufe 
of heaven, and prefer fatety to tfuth ; and our enemies 
will quickly be fubdued." Accordingly he eonfcribed 
an army of men of diffei-entdefcription, freemen above 
the menial feehngs and ferviiity oi" vaffals, men'of alio- 
■<iial and ofher property, fubftantial yeomenry, and iti- 
telligent gentry, ofncered with men of information knti 
principle, and poffelFed of the feelings of liberty an4 
* O. CrQm, Speech. 



OF KING CHARLES I. 269 

rational freedom. And when *' thefe men v/ere les.d 
to the field, no veterans could ftand before them, no 
oblirudions could retard, or danger affright them : and 
to tliefe men, fays Cromwell, are to be attributed the 
vidories that we have gained, and the peace ws enjoy." 
Such men did the Am^erican army furnifti, men great 
in the field, and great in the fenate. Such men feel 
and fpeak the (cniQ of a free community. Such were 
the men that formed Oliver's policy, and inftrument of 
government. Such an army as Olivers furnillied men 
of intelligence, ability and political knowledge, of high- 
ly improved and fcientific characters, who ruilied t^ 
arms for the defence of liberty, of infeparable fidelity to 
the public weal, whofe interefts were elTentially inter- 
woven with that of the body of the people ; fo that they 
were, we find, abundantly qualified for an extempora- 
neous production of a policy, which however came pre- 
pared to their hands by fourteen years previous digcf- 
tion, a policy, which will hereafter become the admira- 
tion, the adoption and imdtation of ages. But v/hcever 
invefiigated the Oliverian polity, honored their coun- 
cils abilities and patriotifm to contemplative pofterity. 
For in the regeneration of policies, throughout Europe, 
all will find themfeives infenfibly led to an aOijmption 
©f the leading and commanding principles of this policy, 
efpecially in ele<5live, and unhereditary reprefentation. 

Very difFereut indeed would be the policies devifed by 
the different and feparate defcriptions of men, into 
which fociety in thefe ages has becom.e artificially divi- 
ded ; fliould any one or few of them hear the formation 
of a polity, it would be very different from one devifed 
by the people or population at large. But very uniforrai 
and almoft identical would be that which would iffue 
from indivilibility, equality and the united fenfe of foci- 
ety at large, in e\rcry independent community and fove- 
reignty on earth. Human nature and the rights of m.an 
would every v>'here, if permitted, fpeak the fame lan- 
guage, the fame policy, all around the terraqueous 

X 2, 



^7*' HISTOR'f OF THREE OF THE JUDGhS 

globe. All nations wo'iiiJ agree in the downfall of lie- 
jeditary government, and in thefnbllitution of cledtive 
government. But if particularities iliould inuitute po- 
licies, they would be diiTerent. Let a convemio?i' of 
bafliaws and Weft India negro-drivers devife a policy, 
?.nd how different it would be from one deviled by the 
Dixwells, the Hampdens, the Sidneys, the Whaiieys, 
the De/boroughs, and the Fairfaxes? Commit this 
formation to a diet of PoliOi nobles, familiarized to 
fell and transfer their peafants, their Hock of men, as 
their ftock of cattle ajid horfes, with the leafing of thtir 
grounds, or fale of their 22.000 eftates, charged with 
a population of eight or nine millions, of whom all, 
but tlieir nobles, devoid of allodial property, and like 
the inhabitants of Uie Hebrides or the north of Scotland, 
tied down and reltncled to the territorial, domains of 
their lords, who abforb and devour the fruits of their 
laborious induilry. In a word, let a Congrefs of Eu- 
rc^gan or Afiatic princes and nobles, looking down 
"vvith fovereign contempt upon their fubjecls, the nu- 
merous depauperated indigent populace • let them, I 
fay, make a policy for dependent millions — How dif- 
ierent would it be from one devifed by their equ.als and 
brethren in general ; by thofe taken, either from the 
\arioas orders and claffes, into which fociety liappens 
to have become artificially and imfortunately divided, 
or from feeling, fubftantial and enlightened charaders 
among them, with here and there a William Tell, a 
Muir and a Palmer, intermixt among them : no one 
can diOubt the different polity they would inftitute ; no 
one doubt vvhofe polity would be moft friendly to the 
general rights and liberties of focietyj to the welfare of 
.nine-tenths of any aiid every community. Nor irKieed 
need it be doubted which polity would prove the moit 
firni and durable, as well as extenfively equitable and 
juit. It v/ould undoubtedly beeletSlive in the one cafe, 
and heretlitary in the other. The firmnefs and dura- 
bility oi the former, would infinitely furpafs the fuppo- 



OF KING CHARLES li^JOt^ff^ '^yi 

fed fiiTiliiefs and durability of dominion from t lie per- 
manency and perpetuity of heieditary fuperiorities. It 
would be a government of laws, which would gain, not 
the deforced acquiefcence, but cheerful concurrence of 
the colletlive body of the citizens, and combine them 
into a union of force futHcient to fupport and render it 
erhcacious, and internally fortify the union againfl 
^\ ci fioD, from interior or exterior aggreilion. 

It is eafy to try ail political chara6lers : Thofe par- 
ticularly who have the formation of a polity ; and from 
tlicnce either to predii5l the complexion of a polity, or 
m one new formed, difcern the force and defign of cer- 
tain traits interfperied in it. What are the chara6)'ers 
and events in hiflory, which they approve or diC- 
approve, or which are to the taite of individual?, 
or to the collective body of the framers ? Select 
the hifiories or anecdotes of defpotifm, and contraft 
thefe with thofe of liberty. The admirers of the one 
will inftantly be perceived to deteft the other, and re- 
fpe6lively give dilFerent complexions to the conceived 
polity. Their refpedive ideas will be refpedlively 
ftam.ped upon it. Try all kings and nobles with Cato, 
Cicero, Brutus and Caffius, in the Roman, and hmi- 
Isr chara61crs in the Grecian hiftory ; try them with 
the events in France, Poland, and the United States ; 
try them with the hillory of Holland, Venire, Switzer- 
land' — They will uniformly deteft thefe — while the pa- 
triots throughout the world will, ftrike unifon with a'l 
the great charade rs , and heroic examples of emanci- 
pation into civil liberty, and unite in detefting tyranny. 
l^'C-iciro has been obnoxious to nobles, kings and empe- 
- tors, ever fince he boldly forced the way for plebeians 
through the patricians up to the confuiate. They;h'aVe 
never been reconciled to fifch a precedent or examp'ltri^f 
fuccefsful bppoiition to defpotifm and priv/^ eged Oi'dW^.. 
They contemplate with an evil eye, with abhorrejrice, 
every inflahce of this kind in miiverfal hiflory. In 
fpite of king", eloqueneeperhaps more than rcpublicaii 



^72 HISTGRV OF TliREE OF THE JUDGES 
fentiments, has procured immortality to the works of 
Tully, which hve in the univerfal reception of claffic 
reading. But eighteen ages have not fufficed to de- 
force from princes and hereditary nobles the edimation 
due to the patriotic merit of the immortal orator ; be- 
caufe he cannot live without furviving an opprobium to 
patrician tyranny, and a friend to hberty. 

So again monarchs contemplate Jacobin Societies 
with horror and dread, and this with great reafon. — 
They need not be fo viewed by republics. The Jacobin 
Societies have proved the falvation of France. They 
have been the bulwark of liberty. Their exceifes are 
to be coerced by government ; but their fuppreflion 
and extindion is unnecefTary and impoffible. *^ The 
popular focieties are the columns of the revolution. — 
They fii all not befkaken," faid prefident Cambeceres. 
Violent and unjufi in many things they may be, and f© 
fometimes are congreffes, aflemblies, parliaments, not 
therefore to be diifolvcd, for they may be generally 
right. Would it be wife to wifli the extin6lion of the 
winds, which are falutary and beneficial for navigation 
and for clarifying the atmofphere, becaufe fometimes 
attended with hurricanes ? They maybe let upagainft _. 
a good government indeed, but their efforts againft itrn 
Kuft ultimately be inefficacious and harmlefs. Becaufe i 
they fometimes fucceed in overturning a tyranny, wili 
it follow that there is even a pofTibility of their fucceed- 
ing againft a good policy ? The experiment is yet to 
be made. Hitherto there has exifted no good polity to 
try them upon. In the nature of things they will be- 
come felf-corre6lors of their own irregularities and exr "' 
Gefies ; and harmonization of the public fentiment m.ufl".' 
refult from their diaisfive deliberations. Nay, the'^l;; 
llrcngth of a general and ur>iform fupport to the admi-*' 
niliration of 2 good policy muftarife. Their difculfions, 
circulation of mtelligence, and communication of light, 
muil eventually form, digeft and unify the national 
judgiTirjnt. None but tyrants need fear them. The 



OF KING CHARLES I. , ,,, ^7$^ 

ziationai conventiar» has not feared them, Uut EejjtW?(|'V 
intlierrfupport. Congrefs in 1775 did not fear t%r} 
body of the people in America, though fometimes wildj^, ^ 
and anarchical. A policy which tj)ail have fiiilained,.' 
their ventilation and dirciillion, will he firm. The end,, 
being anfwered, and the care of the public conf.gncd 
into the hands of conllitutional governnient,, thefe foci-;., _, 
eties will fpontaneouily difappear •, nor rife again unr- " 
hk called forth on great occaiions worthy their attea-r 
tion. ,:tT 

I faid that men would j^^dge of liiftorical events ac- 
cording as they are principled in politics. Monarchies 
of all modes are contemplated with a fufpicious eye, by 
Gommnnities at large ; which in their turn contemplate 
repubiics, of any and almoil: every form, with aUen- 
tion and: ple'afure. There once vA^as a time, and it is 
not 'yet pad, When tile fovereigns of Enrope could not 
contemplate but with horror and difguft, the Prince of 
Orange, and Holland, dilTolving their feudal fubmiflioii 
to their lord paramoimt, the revolt of the houfe of Bra- 
ganza from Spain, the more recent erection of the felf- 
created kingdom of Prullia, or the ftjlf- created republics 
of Switzerland^ and the United States. But all thefq; 
exafnples come up into operative and efficacious vie\^^ 
in I'he prefent age ; and ai*e contemplated' with fympa- 
theti'c cdnfolation by Hates ftruggling with the tyranny 
of 'kings. 

,Self-erei5led fovereignties, whether momarcHcal ox 
republican bid fair for confiderable duration ; while 
popujar focieties,, are either defeated, or go to refi: .of . 
courfe, when their ead is accomiplilhed. Their comi<;;- 
Ced^ extinclion would prove as fatal to liberty and tlifef> 
rights of man, as the forceable fuppreflion or e,\tiaC4x; 
tion of letters or the Kberty of the prefs. Both cv^nr.. 
have done, and ever will do much rnifchief ; both dd* 1 
kifinitely more good : both are the combined confery^a-* 
tors 0^ J he £ujbli.c^, liberty,, in philofopliy, religion, po.- 



2'74 HISTORY OF THREE OF THE JUDGES' 
Mtics. They are excellently, adapted to frame the pub-' 
he mind to wifdom, and to an acquiefcence founded in' 
diffufive conviiSlion and information of that whereia 
confills the public interell:, the general welfare of focie- 
ly. There is no alternative between their right to af- 
fcmble, and the abolition of liberty.. Extinguifh this 
right in England and in every fovereignty,, and the 
people are ilaves. If at any time extravagant, a pru- 
dent infertion ofcounfel, and circuktion of it through 
the popular focieties may generally correal: and rc6lify: 
.thcfe extravagances, exce'fes into which they^ are ufual- 
ly betrayed by falfe brethren or enemies mafqued. It is 
their unalienable right to meet and dehberate, even for 
the purpofe of fyftematically altering the policy, pro- 
vided they peaceably fubmit to obey the policy and laws 
in being, until regularly altered by public confent. If 
aflembling even for this open and direct purpofe is to 
be adjudged treafon, the change and re61:ification of the 
molt tyrannous polity can never be efFeded, but hj 
fpontantious recourfe to the tremendous alternative of 
arms. If the popular focieties foanetimes err, it is not 
always, it is not ufualiy from mahcious and inimical 
views,, but from defe61:ive and partial information 
among thofe the beft difpofed for the public good, or, as 
I faid, from tories, which covertly, infidioully and una- 
wares infert themfelves as marplots. If well informed, 
it is impoffible the community at large can be inimical 
to the public good. Enough of this general difpofition 
for the public good may be found in every community 
at large, to countera6l and nullify the injuries of fac- 
tions. And the common people will generally judge 
right, when duly informed. The general liberty is fafe 
and fecure in their hands. It is not from deficiency of 
abilities to judge, but from want of information, if 
they at any time as a body go wroHg. Upon informa- 
tion from an abundance of enlightened chara6lers al- 
ways intermixt among them, they will ultimately al- 
ways judge right, and be in the end the faith.ful,gug|rdL- 



-'juq ;>nT 'h ^OP KING CHARLES 1. ^75 

■^fean3'fof)port and fecurity of government. Nothing 
•will kill a fadion, like the body of a people ifconfulted. 
A fa6tion nmay beat a faction, at a pretty fair and even 
<:onfli6l: ; but in a fair and full contefl, it can never 
beat the people. The great art of factions is to keep 
the decifion from the body of the people. But let a 
matter be fairly brought before the people, and they 
will not only determine it, but will judge and determine 
Tight. Itis the inlidious art of parties and politicians 
to keep things concealed Irom the people, or if they are 
alarmed and aifemble, to excite parties, fowdillentions, 
and prevent as much as pofTible the queftion from com- 
ing up fairly before them, inftead of harmonioufly en- 
deavoring in a fair, open and candid manner, to lay 
•things clearly before them, and thus honellly endeavor- 
ing to r3rm and obtain the public mind. And thus they 
ever attempt, and are too fuccefsful in deceiving, in- 
ilead of a fr&nk and open appeal to the people. But 
fhall this cunning prevail forever ? Politicians, with too 
■much reafon, fay it will. I, who am no politician, 
but a prophet, fay it will not. Almoft all the civil 
polities on earth are become fo corrupt and oppreffive, 
as thaMhey cannot Hand before a well formed fyilem of 
revolutionary foiceties. Thofe of the United States 
and France will fuftain them without injury or ever- 
fion. The reformation of all others, muil commence 
in aifociations, which by government will be confider- 
ed and treated as fa6lionary and treafonable, but will 
enlarge and fpread into a fyftem of revolutionary focie- 
ties. In all (lates thefe will be frowned upon, and fap- 
preired as treafonable. Their fupprelfion and pcrfecu- 
tion v/ill pour oil on the flame. They will buril out 
again and again, till they will carry all before them, 
till real treafon fhall be accurately defined not to the 
{cn(c of arillocrats or theprefent ufurped reigning pow- 
ers, but to the general fenfe of the community. And 
fuch a law of treafon will be infallibly fupported by the 
community. This done every affociatioi^ will know 



;^76 HISTORY OF THREE OF THE JUDGES 

what it may, and what it may not do, with impunity 
Till this is done, the fpirit of enlightenefl liberty is be-- 
come fo great, and ready to burft forth under opprefTivc 
2nd intolerable irritations, that it will rifque all confe- 
■quence?, until all the prcfent policies fhali be fairJy 
brought to the tribunal of the public {en{e. Then no 
one can doubt the refult. Fadionary locieties begun 
even with the primary and dire6l defign of overturning 
government, if the government or polity be fupported 
by the general fenfe, will fall : otherwife they will 
bring on and adduce at length extenfive difcuilions which 
enlighten the public, defeat infidious and partial cun- 
ning, and bring forward an open and firm fupport of 
good and acceptable government. Should they at any 
time furrender, or duped and outwitted by counter fac- 
tions, be prevailed upon to betray the public V.berty, 
the community will deferve fiavery a little longer, un- 
til again sroufed to energy, unity, wi^-om.. Thus 
England has now for a century been fuiTering a nation- 
al punilliment or chaRifement, brought upon them^ by 
their own folly, for being duped by the infidious cavali- 
er faclion, which overturned the happy conftitution of 
Oliver's republican polity. When at length brought to 
their fenfes, and a convidion of their national folly, they 
will break out and burd forth with united and irrefnlablis 
vigour, and recover and rectify themdclves. The French 
have for ages been duped by court fa6Lions, but have at 
length recovered their national rights and liberties, by 
a voluntary^ united, bold and daring exertion, by an 
effort which makes all Europe to tremble. So it will 
he in England. The forcible fuppreffion of focieties 
there will only accelerate their revolution and political 
regeneration. More muft bedone far the fatisfadioa 
of the national fenfe and fpirit of liberty, than parlia- 
ment ever can, or ever will do, unlefs they ilia 11 call a 
■national convention, Avhich they never will do. The 
i^ational fpirit impreiled with defpair of redrefs, will 
become defparate. All confidence i'n oarliament loii.: 



OF KING CHARLES I. 277 

then to your tents, O Ifrael ! The national intereft and 
welfare will take care of itfelf; and this with an un- 
conquerable violence and impetuofity ! 
9i''The Englifh nation flattered themfelves at the Ref- 
tei-ation — revolution — accefTion of the Houfe of Hano- 
ver : — Have been deceived and difappointed at each 
epoch, and find themfelves as before, or rather more 
clofely enchained and baftiled. The fame convidlion 
feizes the patriots of the prefent as of the laft century. 
Never has the nation really defpaired of all poffibility 
of redrefs till now. Now at length nationally defpalr- 
fw^of the prefent polity, they will be filled with very 
energetic feelings. They feel anew what was felt of 
old. New wine put into old bottles, may poflibly burit 
the bottles. 

In every ftate, good or bad, there will alvvays be a 
number of reftlefs, fubtil, crafty, turbulent and un- 
governable fpirits; who by writings and intrigues, 
will be exciting difcontent and ftirring up mifchief: 
and will moleft and embarrafs the beft as well as the 
.worfl: adminiftration. Society will always have to en- 
counter fuch characters. But calm difcullion, and giv- 
ing time for infidious proje6lionsto take their courfeand 
run their race, they may be wifely managed, contra- 
vened and defeated, efpecially after the public have feit 
and tafted fome of the ill confequences into which they 
are plunged by fuch artifices and delufory ftratagcms. 
And perhaps voluntary aifociations, without noticing 
them as feditious, are as proper theatres for them to 
difplay and fpend themfelves upon as any other. Fac- 
tion may be turbulent and fuceefsful, applied to monar- 
chy and ariftocracy — felf-defeated, when applied to 
community at large. . Experiments in the old govern- 
ments, in the Grecian and Roman, in antient and mo- 
dern hiflory, will be no precedent to count upon, in 
pdging. their effecl on the new republican polities. — ' 
jThe public will nut be ultimately duped by fidions or 
Y 



27S HISTORY OF THREE OF THE JUDGES 

fa61ionary focieties, though aiTembling with the great- 
ell freedom. They will be harmlefs, till they arm, and 
then they become amenable to the laws, which if made 
by the public, the public will effcilually fupport, even 
iinally by military coercion. 

Abfolute raonarchs have in all ages permitted indi- 
-/idiials, fiihje6ls and ilaves, to K)etition their King. — 
Even theDey of Algiers, the Sultan of Conftantinople, 
ilie Sjphi of Perha, will receive the petition of Ilaves. 
The fame thing is permitted in England ; where it has 
jiitherto been alfo permitted, efpecially fmce the fnp- 
j)reiIion of villainage, for fubjects aifembled in popular, 
iind even fyftematical focieties, to petition the King or 
Parliament for redrefs of grievances, for or againd bills 
tlepending in parliament, -for or againff the repeal of 
laws already enacSted. So far they may go with impu- 
i]ity, and without liability to criminal proceifes for fedi- 
tion ortreafon. This is a conceded right in England. 
But to a-femble for the dire6f piirpofe of altering the 
tonftitution of King, Lords and Comimons, is by fta- 
tute, fedition, and arming in confcquence, treafon. — 
Thus it follows that reformation by the people is im- 
poffible. Let the conditution become corrupt into the 
mod abfolute and conjuccf tyranny, it is hovvever invi- 
olable. There then cxiils a cafe, in which tyranny 
ought not, cannot be jufily and legally corrected and 
abolifhed by the people. Will net the fame reafoning 
apply for the perpetuity and irreformablenefs of any the 
mo.1 defpotic governnients ? Will not thefe principles 
terminate in the univerfal cverfion of libeity, in the 
univerfal effabliiliment of univerfal tyranny? And is 
tiiere no juilifiable expedient, no public mcafurc of re- 
drefs, whofe alTumpiion and adoption may be juflihed 
wpon the high, tranfcendant and paramount principles 
ot public juUice, right, liberty ? If there is, it will lead 
to and terminate in the jufliucation of voluntary fccie 
ties, aficnibled'to confult the public good, augmehtiri-j;, 
multiplying and diifullng ihemfelves into a Alteiii oi 



OF KING CHARLES I. 2/9 

popular affemblies, for enlightening, forming, digcft- 
jng, and collecting the general fenfe of thecommnnity, 
w'hofe polity needs amendment. It ihould feem. there- 
fore, that however iniquitions and pernicious fomc 
may be, yet all alFemblies for the exprefs purpofe of 
altering and changing the polity, are not to be reproba- 
ted, as unjuPiifiable, feditious and traitorous. It re- 
mains to fettle this point for all nations, that it is as 
jijftifiable to aircmble for altering the polity, as for pe- 
titioning a national council, whofe polity and conllitu- 
tion the whole nation approve, without the leail defire 
of fubverting or altering it. When this fhall hi^ve be 
come the univerfal convi6lion, national aflemblics wiM 
become univerfal : and inch polities as v^ill not fuRaiii 
their revifion and difcullion mnft fail. Thus it may be 
i'cQu. all the prefent corrupt polities are gone. But it is 
fiiid, by parity, popular aflemblies may be inftitnted 
againft the new conceived pohties, in endlefs progrefs, 
ad iujinitiim. Very true : and let them be fo. If upon, 
revifion, they find the polity found and good, one to 
fatisfa^lion, as fooner or later, after a few revifions, 
they will find, they will ofcourfe leave it untouched, 
return home, report and diffufe and generate univerfal 
acquiefcence, fatiffa61ion and fubmiilion \ and thn=j 
ftrengthen the whole community into one firm and 
united bulwark for its fupport and defence. After- 
wards they will feel no occafion for popular aiTemblies, 
unlffs upon agitated bills, and very feldom for this end, 
all readily acquiefcing in the determination and ena6t- 
ment of the national council, if frequently ekcled, 
which can have no otiier intereff but that of the people. 
The very notion of petitioning parliam.ents, national 
councils, or kings, for rj,y,hts and liberties, is a badge 
of flavery, founded on the fuppofition that they have both 
the power and difpofition to counteraft the intereft cf 
the governed. This i*boliihed, petitionmg dies ofcourfe ; 
and will be fecurely confined to the wifdom and fidelity 
They are empowered, emrutted and 



(zio HISTORY OF THREE OF THE JUDGES 

confided in for this very purpofe. A good policy will 
generally ena6l wife and good laws, to which obedi- 
ence ought to be exaded, if liecelTary among turbulent 
jpirits, by the united military force of the citizeos, not 
ioreign force. Yet former good legiflators have erred, 
:ind thcfe of a bed polity may err again, and ena£l: laws 
%vhich ought to be difobeyed and refilled. What rnuft 
be done in this cafe r Agreeable to the cuftom of all the 
kings and nobility throughout Europe in the m.iddle 
ages, Evenus, a King of Scotland, caufed a law to 
pdf?, by which ail the wives and daughters of noble- 
men v/ercfubjecled to his Inft, and thofe of the plebe- 
ians to the lull of his nobility. ** Tiiitt legem hvanus 
t'.t cuivls licef'ety pro opibus quot alere poffcf, uxores dii- 
cej-e ; ut rex nuptlas jponjarum nohiliuriiy nohiles plehei- 
arum proeliharent pudicit'iam^ id plebeiorum uxores cum 
nohil'itate communes efj'ent.'" Could it be fuppofed pof-- 
fible that Congrefs ihoiild re-enacSl fuch a licentious 
law in favor of privileged orders, of any defcriptionof 
men, it would exafperate and unite fo many plebeian 
hulbands, and in the United States even wives too, ia 
refiftance, and even arming for defence, as that it would 
be wife to reverfe it. Elere refinance would bejuftifia- 
ble, even to arming and civil war. In this cafe, whe- 
ther fuccefsful or unfuccefsful, the refiftance would 
be jufi. But from a few fuch luppofed cafes and ex- 
traordinary inftances of error, we are not to infer that 
we are juftifiable in refilling any and every law which 
we think and feel to be oppreffive. In ele61ive repub- 
lics there is another way always open, which will aU 
ways be effecSlual for the redrefs of even real grievances. 
Defer and endure till the next ele^lion, and then fend 
up men that fhall abolifli the law. They will either 
^^ it, or b^ing back reafons which will convince their 
condiments. Numerous have been the inftances of this ia 
the New-England republics the laft and prefent century 
— and the public have been fatisfied. There is no need 
to alter the polity for this end. In an elective republic 



OF KING CHARLES I. 'Ml 

fa£liona!y refiftance and infurredion ought to be te- 
preiTed by military coercion, not by foreign troops, but 
by citizens, who will cheerfully lend their aid, in the 
fupport of an ad: agreeable to the general fenfe of the 
community. If not agreeable to the general fenfe, it 
ought to be repealed, till by becoming convinced of its 
expediency they fliall re-ena6l it. But it is next' to 
impoflible thatfuch a thing can be enacled by a national 
council Handing on biennial, or triennial, or fhort 
elections. DiiTati stations may and will arife, will be 
manifeited ; and if general, yet there is no need of 
arming for refinance, which would be and muft necef- 
fariiy be treated as fedition and treafon. If general 
among the conftituents, and they cannot be enlightened 
to fee the reafon and juftice of the law, the obnoxious 
a6t will be reverfed, even by the exifling fenate. If 
not, the next election will return members who will 
cancel and re6lify the error, if there is one. It is there- 
fore next to impollible to fuppofe a cafe in an ele6live 
republic, wherein refiftance can be juftifiable. Becaufe 
redrefs may be at all times efFe6led in another and more 
peacable and fatisfa6lory way, without endangering the 
public tranquility, or difturbing the public order of the 
general government, and efpecially without everfien of 
the conititution. 

But although infurre6lion and refinance may perhaps 
never be juft in an ele6live government ; it will not fol- 
low but that they maybe fometimes juftifiable in a dt{- 
potic government, and efpecially when the polities and 
conftitutions are fo radically corrupt, as that the very 
polity itfelf ought to be changed and redlified. And 
here refinance is juftiftable, whether fuccefsful or not. 
Whether the attempt and enterprize fliall be prudent 
and wife, may be a queftion, when we confer vvith 
iie(h and blood, but whether juft in the view of ij^ht 
reafon, need not to be queilioned. The polities of all 
the European nations are become fo radically corrupr 
and opprelfive, that the welfare of mankind requires 
y 2 



;8:i HISTORY OF THREE OF THE JUDGES 

tliat they fhould all be renovated. This would be beft 
lt)r human roclety. Why fhould defpotifm and oppref- 
fion be entailed to fubfequent generations ? Why is it 
not juft that the ages of tyranny fliould be fucceeded by 
the ages of liberty r Under the obftinate and perfevering 
oppolition of the reigning powers this emancipation 
cannot be made but by the people. This rnufl: com- 
mence, as I have faid, in popular focieties, connected, 
fpreading and growing up into a general popular exer- 
tion. If opprefTion occafions their rife, they muft take 
their fate. The enterprize is arduous, but combined 
national enthufiafm in the caufe of liberty is of great and 
awiul force. All Europe is ripening with celerity for 
a great revolution ; the ^ra is commencing of a gene- 
7Yil revolution. The amelioration of human fociety 
muil: and will take place. It will be a confli6l between 
Kings and their fubje6ls. This war of Kings, hke 
that of Gog and Magog, will be terrible. It will, for 
there is no other way, it will commence and originate 
in voluntary aflbciations among fubjetSls in all kingdoms. 
Eluded fuppiications and petitions for hberty,. will be 
followed by armaments for the vindication of the rights 
of human nature. The pubhc ardor will be kindled,, 
and a national fpirit and exertion roufed, which undif- 
couraged, unfubdued by many defeats, will ultimately 
carry away all before it. So that popular focieties will- 
be attended \v\\.\\ very different effeils, when directed 
againft an unjuft and tyrannous pohty, from thofe which 
will attend them Vv^hen direded againil a found and well 
conltrudled one. In the one cafe they will prove in- 
noxious and harmlefs ; in the other alarming and terri- 
ble. In popular governments they m.:\y foraetimes 
proceed to operate on election?^ reverfe wife and excel- 
lent laws for a time, and lay ailde excellent charaders,. 
fome of their beft and mou ufeful friends, and reward 
their merits with public ingratitude ; but they will fub- 
ftitute others in their room, who colle6lively will do well,, 
and the polity will go on, and the government proceed, 



' '^aOtlUpF KING CHARLES I. 283 

regularly, though in new hands. But they will gene^ 
rally preferve a Tucceffion of worthy characters. In the 
other cafe they will demolidi polities, overturn thrones, 
eje6l aridocrats, and inftitute nev*^ eleilive governments 
— differently policied perhaps, but uniformly elective. 

When popular focreties are fet on foot, if the polity 
be fo well fettled to the general fenfe, as that they ihall' 
turn out but a minority, and yet this minority fhould 
be fo confiderable and daring as to arm againft the 
conftitution, civil war or a war of citizens enfues, and 
there remains no umpire, until vidory declares it. In 
that exigency it becomes of necelTity that the lav/ of the 
ftate Ihould declare fuch alTociations feditious, traiterous 
and rebellious. And the fame muft take place, be the 
polity juft or unjuft, provided the majority of the com- 
munity concur in it. But it remains to be experi- 
mented by future ages, whether there will often if 
ever exift fuch a minority combination againft a polity 
once, and efpeci ally repeatedly fettled with faiisfa6lory 
revifions, by the colledtive body of the people, efpeci- 
ally v/here frequent revifions arc appointed and provided 
in the conftitution ; and whether an infurredlion gene- 
rally difcountenanced, will not give way and be eaftly 
fupprelfed with or without force, and perhsps only by 
hght and the fraternal perfuafions of fellow-citizens. — 
Againft a generally acceptable polity, every popular 
effort of minority alTociations Vv'ill die away and come 
to nothing, terminating in the confirmation and ftrength- 
ening the polity to an impregnable inviolability. A- 
gainlt" fuch a bulwark of the united people, the efforts of 
a clufter of popular focieties will prove but briita fuimi- 
nay harmlel's, and felf- defeated as \^ ell as felf-created. 
But if the polity be a bad one, fuch a clufter maybe 
fubdued, may poilibly increafe, acquire irrefiiiible 
ftrength and carry all before it. The httle quarrel of 
the Ivl arli brought on the helium Joclale. Not all the- 
Baftiles nor Botany Bays, no enforcement of the exlit- 
ing laws sg.unii (edition, can preveRt the fpread and 



2§4 HISTORY OF THREE OF THE JUDGES 

progrefs of this convi6lion of the poiTible right, utility 
and neceffity of popular alTemblies at leaft to contem- 
plate the public ft ate, and in given cafes even to rege- 
nerate the policy. And when this (hall have become a 
little more the general con vi6i:ion of nations, they will 
burft forth, and originate and devife modes of public 
exertion, adequate to the accomplifhment of a com- 
plete revolution in any polity. Nor will the prefent 
age of light and liberty reft in any thing fnort of this. 
The nations will never fit down content with this, that 
a defective conftitution is irremediable. They will not 
defpair ; they will find a remedy fomewhere, an effi- 
cacious remedy not to be defeated by aulic manoeuvres 
and circumventions either oi policy or force. No 
ineafuresof any aftual exifting government can ulti- 
mately defeat this. Every Botany- Bay decifion in 
England will contribute to the acceleration and infur- 
ance of fuch an event. And perhaps England will be 
the next to try the political experiment, after France ; 
even in the fure lOrti'QQn road to liberty, being marked 
with horror and blood. Exafperated defpair will be 
fruitful in expedients, and bold, adventurous, and fuc- 
cefsful in enterprize. The public fenfe on the prefent 
ftate of the Englifh conftitution muft fooner or later be 
tried. It can be tried only in thefe aftem.blies in the 
nature of things. Thefe might for this end be called 
by the exifting ruling powers. But the ruling powers 
certainly never y^'ill do it. It can then never be done 
but by fpontaneous origination. This is the only al- 
ternative. This clofed, liberty is gone, tyranny is 
inviolable. Will the world lit down quiet and fubmif- 
five under this laft gloumy, folitary, fwinifh conclu- 
fion r In the fpirit of prophecy, I fay, nay! 

Should the exprefs, real, true and only objed ofthe 
voluntary focieties in England, or the recovery oi an- 
nual parliaments and univerfalfuffrogey they would be 
guilty ot no crime againft the laws or the ftate. But 
liiould they aim, that moment it becomes fedition— » 



OF KING CHARLES I. 285 

6hd punlfliable as fuch — If the exifting powers fhall 
prove able to fubdue an armed minority, which may at 
length become an armed people. In this event all is 
reduced to holHlity and civil war : a coniii£l: enfues till 
vidory declares itfelf. *' Univerfal fuffrage and annu- 
al parliaments are legitimate and conilitutionai objedis 
of purfuit." 

A reform in parliament is necefTary in the public 
convidlion, even of the parliament itfelf as well as the 
nation at large. How far it fliould proceed is a doubt, 
whether by an equitable appointment of the reprefenta- 
tion to the one hundred and fifty thoufand eleftors of 
fliires, cities, and boroughs ; or by univerfal fuffrage ? 
Mr. Pitt, as well as Burke, Fox, and others were 
once for a reform in the commons ; and Pitt publicly 
avowed in parliament, annual parliaments, and uni- 
verfal fuffrage, the very principles avowed in the Brit- 
ilh convention at Edinburgh. But the French revolu* 
tion changed their minds, or rather, affected that now 
was not the proper time, or that it ought to be pro- 
craftmated to a time, which he now forefeescan neves- 
be found, which is in effed convincing him, that what 
he once advocated ought never to be done, becaufe he 
now forefees it never can be done, without the fure^ 
danger of the demolition of royalty and nobility. The 
haughtinefs of high dominion can never give up, until 
it is too late. It is intended by court politicians that 
the diffonance of opinion as to the mode of reform fliall 
nullify the whole. They are content to have the quef- 
tion mod: liberally agitatpd, but never to be fettled and 
determined : that the partizans fliculd difcufs them? 
felves out of breath, as in a chancery fuit, and in def- 
pair to leave all to an uti poJpJeUi. Circulating this; 
^7//;«/7/«w among all the partizans of the minillry, it is 
purpofed and alTuredly expected to worry out the public 
jpirit, and go on with the prefent fyftcm, until all ihali 
feel it incurablcj and tamely acc|uicfce. 



286 HISTORY OF THREE OF THE JUDGES 

The national debt is confidered as combining anel 
holding all logether. It is AippGred to be fatally endan- 
gered by a revolution, and erpecially by the change of a 
monarchy into a republic. But it is as eafy to fecure 
a national credit in the one as the other. Holland, 
Venice, America, and I believe France will ihew that 
national credit, flocks and funds may be as feciire in a 
republic as in a mor.archy. If in a revohition it lliall 
be provided that the public debt lliall be taken upon ihe 
new polity, all v^ould be fecure, unlefs the debt, as it 
may be, (hould be fo heavy as to be impollible to be 
fupported. But how powerful fcever a public debt may 
be towards confolidating and holding the polity toge- 
ther, there are great exigencies, in which it will lofe this 
force. A debt of three hundred miUions ilerling' did 
■not withhold the Roman empire from dilToiuiioiV 
when its fate was expired. There are certain political 
tempefts which carry away all before them. 1'he na- 
tional debt of England v*'ill not repel a revolution, whea 
the body of the people are brought to exert their fofce ; 
which th^y certainly v/ill do, when thoroughly fick of 
their polity : a crilisvery fall approachi-ng. 

But if a reform, contrary to all court intention and 
expectation, mui\ come on ; the quefticn will arife, 
I'hall the parhament do this, or the people ? The par- 
liament may feem to attempt, think to am.ufe the na- 
tion, but dare not to advenuire a reform even of one 
houfe, and much lefs of both. And therefore from a 
concurrence of various motives, both houfes feeling 
themfelves to ftand or fall together, will unite in the 
moil firm and decided oppofuion to it, and rifque the 
moil fanguinary meafures to defeat every attempt, and 
prevent, ob(lru61:, and fupprefs every movement effica- 
cioufly tending to a real reform ; unlefs it may be they 
may propofe fo trilling and fo ineffedual a reform, as 
will rather mock and irritate, than give national fatis- 
fadUon. Add to this, that though they allow the peo- 
ple to fancy and conceive that they have rights and liber- 



©F KING CHARLES I. ^87 

ties, and fufFer them to boaft of them, declaim upon 
tlieni and glory in them, as long as the politicians fee 
them chained and fettered ; yet really in their hearts 
•^nd fecret counfels, they at bottom mod cordially hold, 
that the herd cannot govern themfelves ; and as to par- 
ticipation in government the fwinifh multitude have no 
lights and liberti-tt, or which is the fame thing, none 
originally and independently, none but what are held at 
the ccnc'einon of the King and parliam.ent. And the 
few afcendiiig from the piebt-ians in^:: parliament, foon 
lofe their plebeian principles aiul become allimilated to 
the ariflocracy. The two hiiiidrcd and fifty nobles 
therefore and l^ve hundred and fifty commons, or their 
venal majoriri, .■,, become a combined Phalanx againft ■ 
the people, fct and firmly united againR any ultimate 
andrealrh: .-ration or reform of the polity. There re- 
mains tl -efore that the (Iruggle rauit be given up. "It 
will not De given up. The feelings of ariftocracy are 
totally diirerent from the feelings of the people. The 
prepoiteroiis condud of the miniftry andparharnent for 
now almod; half a century have fo involved and oppreiT- 
ed the nation, as to precipitate a revolution, A na- 
tional inquiry is unavoidable. It has taken place in 
France ; it will take place in every fovereignty in Eu- 
rope ; it v/ill take place in England fooner or later. — 
Tfie mode cannot be predicted, faving only that it will 
be a popular one. A real Saxon meycle-gemot mull 
be refumed. 

The Englifn parliamient is fugh a mockery onrepre- 
fentation, that the nation will never reft in its piefent 
itate. And it muft fooner or later be altered. The agi- 
tations for erTe6ling this mevitable akeration will bring 
on and advance other political difcuiiions, terminating 
in a republican renovation. So abfurd and difpropor- 
tionate is therepjrefentation in parhament, that it ftrikes 
ail withdifguft, as an infult on the majefty of the peo- 
ple. 'Gf the five hundred and fifty members, it ap- 
pear.^ that in England, two thoufank fix hundre-d and 



288 HISTORY OF THREE OF THE JUDGES 

eleven perfons ele£l and return three hundred and twen- 
ty feven members ; and in Scotland, of the forty-five 
members to reprefent two millions of people, niqety- 
eight perfons ele6l one third, and the other thirty are 
elefted by about one thoufand four hundred. 

When the prcfent national dorm is a little over, par- 
liament will attempt to app/afe the public fpirit by ap- 
portioning the reprefentation. So far it will be well. — 
But they will fee that this will not fatisfy. They will 
enlarge the ele6lion, but will not proceed to univerfal 
or general fufFrage. This may reft the national fpirit 
for the prefent, and refpire further popular exertions, 
perhaps for another generation, perhaps not. Howe- 
ver they will by both thefe meafures give the precedent 
of a principle, on which the public will prefcribe for 
further enlargements and amendments. Liberty muff: 
be difputed and gained by inches. The cure of the na- 
tional diforder is not yet effe6led. The defignation of 
all public oi^ces is to be regulated. If left in the hands 
of the monarch, fole appointment will ever give him 
power TO command and fubjecl both houfes to his will. 
The podibility of this autocratical controul in the crown 
remains to be extinguifhed. The nobility will be with 
the King. All this will ultimately fooner or later bring 
on a flruggle with ariftocracy, which mufl be fought 
out with blood, and then the nation will become a re- 
public. Half a century will complete this. Or at 
leaft it will be accompliilied in fome given time. 

Politicians fhould loo!: upon irritated human nature, 
and confider the extent of paffive national endurance. 
They may view it in the Roman empire, in the hiffo- 
ly of the reformation from the pontificate, in the Eng- 
lilh hirtory from king John to this time, in the Baron's 
wars, in the endurance of the Duke of Alva ; in fhort 
in a thoufand funilar inftances in the hilbries of na- 
tions. Look at the French revolution, look at the 
American revolution ; in dead of looking to Ccefar, to 
the vanquilhments of tyranny, to the invafion of the' 



OF KING CHARLES I. 2§9 

Gauls by the Franks., the Saxon, Danifh, and Nor- 
man conquefls, the Enghlh illegitimate conqueft of 
Ireland, and the other fiiccefsful confii6ls of tyranny : 
and in numerons other examples, they may fmd that 
tyranny, however adventurous, is not always fuccefs- 
ful. But they vi'ill be taught by none of thefe. They 
will find, however, that tfie temerity of incenfed Eng- 
liihmen will, as in the lalt century, rifque blood and 
every confequence. The coniiicl once begun, though 
none can forefee themsans, yet it requires no fpirit of 
•prophecy to forefee the event. The end will be acconi- 
plifhed, as fure as the downfall of the Rom.an empire. 
The road however to this end mud be ftrcwed with 
Llood. But will any madly adventure this ? They will. 
And there muft and v/ill arife more Cromwells, Kofci- 
ufkos, Whalleys, Fairfaxes ; more Warrens, Muirs, 
Palmers, and Geralds, mud fuffer martyrdom. Three 
or four more hereditary monarchies and ariflocracies 
muft be fought and hunted down, before the reil will 
fubmit to the empire of liberty, law and reafon. Oh 
Parliament ! O Englifh Nation ! you have before you 
to fight out, not whether a Stuart, NalTau, or Brunf- 
wick, this or that family, fhall reign ; no longer a war 
among Kings, a confiidl between interfering and claim- 
ing fovereigns-^but a more interefling, real and folema 
confiift av/aits you — a confliit between the people and 
fovereigns and hereditary arillocrats, and in connexion 
with them in England, a plebeian aiTeoibly, or delufo- 
ry (hadow of hditious, popular, unreal reprefentation, 
tacked on -fallaciouily to fupport them. But let us bs 
allured the confli<St will be fevere and bloody — it will 
however aifuredly take place — and its end will be glori- 
ous ! During the fiery trial, we of ihc United Stales^ 
fhall contemplate this ilruggle with heart-feeling foh- 
citude, and Ihare with the parent ilate, from which wc 
Hill glory to have defcended, in the joys and exultations' 
of the final triumphs of liberty. We fprang Irom Eng- 
land, and lull read and fiudy her hillories with as much 
Z 



^l^O HISTORY OF THREE OF THE JUDGED 

.attention and rympathetic feeling, as our brethren, from 
ivhom we have been crr.eily difmen?ibered. And our ^ 
refiexlons are niacfe and uttered here, with the mod li- 
beral, uncmbarraircd and unbounded freedom, a free- 
dom unknown even \\\ England, that land, of all the 
.tranfatlantic regions, the land of free difcuffion and 
Jibert)/. 

It is not alien or foreign from our purpofe, but di- 
reclly in point to adduce thcfe flridures and bbferva- 
i.ions, or to attend to the prefent fiate of things in Eng- 
land and Europe ; becaufe they have i'Jued from 1641, 
tind are but the progrefs of tlye conlli61: of ages; an^- 
.i)ecaufc in their l.truggles with tyranny, the nation find 
themfelves obliged to recur to the principles of the lafl 
.centur)^ and refume the v^ork, w-hich Oliver and the 
Judges once atchi^ved before them, and put into the 
hands of the "ation, and vv'hich they were fooliiTily du- 
ped to give back and furrender to the flattering and ever 
delufory promifes of tyranny. \'i the cxifting polities 
will not reform themfelves, as they certainly will not:, 
\\\ mull: come to the conclufion of the enlightened pa- 
tiiots of pad ages, t and efpecially of the lal!: century^, 
w-ho were more deeply ftudied in the principles of polity 
'CiViA dominion, than the civilians tliat any otiver oge 
ever produced. After every the moll profound diici: f- 
iion of the fi.ibject:, every one muft finally come to a 
conchifion, which their progenitors clearly difcerned 
.and boldly announced, that in fuch an exigence, there 
remains the only ahernative of fubmiliion or rebellion. 
And though every other reb.:l]ion is unjuiiifiable, yet 
fuch an exigence may be adjudged to neceffitate and 
juitiry rebellion — for it is faid, " rebellion to tyrants is 
.obedience to God." 

f Sceor.eof the rnoil- profound an^ learried productions of human 
rat'jr;3 . an anonymous treatife, De 'furc Mjgijiratuum :n Jubditos &" 
.officio JuhiVitonan erg.i Mng'iftratus ; printed at Lyons, 1576, in which 
•'xht limits of obedience, ani forne of th: cafes cf jaSlifiable reiidance are 



OF KING CHARLES Z. 2gt 

But to return. — Oliver Cromwell once faved the na- 
tion ; and, as I have fiud, upon dehberate confuliation 
both of the army and parliament, and with the concur- 
rent hearts of certainly a very large and refpe^lable body 
of the divided nation, devifcd a very excellent confii- 
tiition, in the force and fpirit of it very nearly refem- 
bling that afterwards conceived and adopted by the 
United States: — " forlunatos nhniiun jua ft bona no- 
rlntl'' The conftitution by 1657 was ripened to thisy 
that the government be a commonwealth, and the na- 
tional legiflature confift of a Prote6lor and two houfes, 
all eie6live and none hereditary. Herein it is provided, 
I. That the Protedor be for hfe. The fucceffion to 
be kept up by the els(Slion of the upper houfe. 2. That 
thisconfiitof forty to fifty members, to be alfo for life, 
amoveable however for mifdemeanDr. The fucceflion, 
either, by the houle of commons ele6ting fix, out of 
which the other houfe fele6t two ; from which the Pro- 
te6lor to ele6l one ; or, if the commons omitted their 
nomination for twenty days, the lords to proceed, no- 
minate and choofe three, out of whom the Protedor to 
take one. 3. That the houfe of commons confift of 
460, trienniaily cle61ed by the people, in a judicious 
and proportionate manner. 4. A concurrence of the 
two houfes, by their refpeclive majorities,- to make an 
a6l of Parhament ; not fubje6led to the veto or negative 
of the Proteilor. This is the outline of the polity. 

But hke Ifrael, the nation wilhed for a King ; wiili- 
ed to return to Egypt. They returned, and God lent 
them a King in his anger ; they returned, and went 
into llavery ; felt themfelves caught and difappointed, 
and in twenty years became fo w^earied out, that tlie 
public mind again changed, and became prepared for 
the partial expulfion of tyranny in 1688. They might 
have faved themfelves thirty years lofs of liberty, had 
they banifned hereditation cutofthe Englifh government 
— had they perfevered in the republican formdevifed by 
tiie diicerniiig enlighiened Prote6lor, and thofe of his 



aCjt HISTORY OP THREE ®F THE JUDGES 

coiTipatriots, ever faithful to their country's welfare. — 
Kua his vv^ifdom dire6red him to have left his other houfc 
elective by parhament, or by the people in almoft eve- 
ry mode, as he had made the houfe of commons to 
Itand on local elections, he would have left a polity fo 
perfecl:, fo adapted to univerfal human nature, that 
notv/iihftanding the ingenious Neckar's allov^'ances for 
the geniufes, habits, and various diilributions of pro- 
rty in nations to be policied into new conftitutions. 



I 



altered it. But even his new nobility, although in the 
firfl" inftance by direction of parliam.ent, at his own evo- 
cation, and vvhofe fucceilion was left too indefinite, 
were of efficacious operation, a powerfully controuling 
balance in the polity of the fupreme kgiflature : and" 
bid fair to haveembofomed, and did infant embofom, 
iPiOre wifdom, as well as patriotifm^ than Heaven ufu- 
ally imparts to an hereditary nobility, ever ignorant, 
debauched, effeminate and devoid of underftanding, or- 
elfe counterafting and overlaying the really great and' 
fuperior wifdom of a fmall number, a fmall fcattering 
of fenfible and meritorious chara6lers, always to be- 
found among the lords or nobility of every nation. Thus 
merit would be ccnftantly afcending and ftreaming up 
into the national council. This with an ele6l:ive Pro- 
te6lor at its head, had been nearly a perfed policy. Had 
the Prote6lor lived twenty or thirty years longer, or had 
the nation been pofTefTed of patience and ftability, Oli- 
ver's polity might have grown up into this firm and. 
beautiful perfedion. May I be indulged with dating 
my idea of a perfed polity ? 

Corifpe^Lis of a perfeB Polity. 
We may aiTume a territory of five hundred miles 
fquare, populated with five, ten, or twenty miUions of 
inhabitants, univerfally free, according to their various 
induifry poffeffing allodial property. On this field of 
dominion a polity is to be erecled, v/hich they will nsver 
\\ ifli to alter or aaitnd. It may be a public national coun- 



OF KING CHARLES I. 293. 

cil confifting of a double reprefentative with a head, aiL 
lianding upon the eledion of the community at large ; .- 
and fo modified as that every member ihall eHicacioully 
feel his dependance upon the people at large. Letthefe 
branches receive any appellation at pleafure. Fofth& 
pre fent theory, let them b© denominated the Protestor* 
and the upper and lower houfes : the one to confift of 
about five hundred, ip.ore or lefs ; , the other of fiity or 
one hundred, more or lefs. In this council colledively; 
fnall refide, under prefcribed and defined modifications, 
not only legillation, but dominion and fupreme govern- 
ment. For this double reprefentation, the populated- 
field of dominion may receive a double partition into 
five hundred and into fifty diftrids, confifiir^g as near 
as may be of about an equal number of inhabitants, fub- 
ie6l to revifion according to the variation, increafe or 
diminution of population. Each of the five hundred 
local difiri6ls to ekcl a fingle reprefentative, for forming 
the lower houfe, or a houfe of reprefentatives of local 
difiriiSls. Thefe will brin^ up into the national coun- 
cil a perfect information of the local dilfri(5is. The 
election of this branch to be triennial.- 

For the upper houfe of reprefentatives fiandrng, not' 
on local, but univerfal eledlion, the fifty larger dillridls 
to ele6l one for each ; but fothat each member flands, 
not on the election of that diftriiSl only, but on univer- 
fal election — and that in this manner : — Although the 
citizens vote in diftri£ts, yet they fliall vote each for but 
one member in. his own diftri6t, and for one in each of 
thQ other diftri^ts : all the citizens in every diltrid fhall 
vole for fifty members, but they Ihall be taken one in- 
each diftri6t ; fo that by thefe means all the fifty fhall 
feel themfeives to ftand on univerfal eledion. Let the 
Protector alfo ftand on univerfal eledbion. A certificate 
from each di(tri6t Ihall be fulficentto afcertain the elec- 
tion of the ditlri6t, both for the Protestor and both 
houfes. The pluraHty of votes, not majority of all the- 
votes, to determine all thefe elections. The Protector 
Z 2 



^94 HISTORY OF THREE OF THE JUDGES 

to be ele6led once in fevQn years : the upper houfe once 
infix years, with a rotation as in the Senate in Con- 
grefs ; and the lower houfe once in three years. The 
pubhc gcwd, and permanency or ftabiHty of dominion, 
requires that there (hould not be a pofllbility of a total 
change of the national council at any given time ; — • 
while the citizens will have power and opportunity to 
make a thorough change, if they think belt, within a 
fufficiently fhort period for the prevention of public 
mifchief and the fecurity and perpetuation of liberty. 
The national council thus ele6led, are to form them- 
felves, and ftand completely and conftitutionally inve-ft- 
ed with all the powers of dominion and government. — 
In them *fefides the ordinary and a6live fovereignty of 
the republic. Except in the rotation in the upper 
houfe, rione to be excluded from re- eled ions into either 
houfe, as long as he can approve himfelf to his fellow- 
citizejis. Should it be judged more convenient that the 
Prefident, or Prottdor, lliould fland on the eleftion of 
both houfes, inlicad of the people at large, it will be 
perfectly fafe, as even in this mode he muft feel his de- 
pendence not on a part, but the whole people, and 
cannot fail to feel himfelf the tender father of the re- 
public at large. A rotation in the lower houfe is not 
equally neceiiary as in the upper houfe. Death and 
human- verfatility will make fufficient rotations in the 
lower houfe : befides that the interefts of a fingle local 
ditiri6t is but of fubordinate importance compared with 
the univerfal intereft. Changes in this will not be 
equally dangerous with too great and frequent changes 
in an houfe itariding on univerfal ele61ion. 

In this frame of government, this polity of the two- 
houfes, the one will primarily feel the local interefts, 
andfecondarily the general intereft ; the other mulf ir- 
refirrably feel for each and all the interefts, not fepa- 
rately, but colle6lively, and their primary and only 
motive muft be the public good, the univerfal intere:i 
©1 thev/huie,. or majority of the community. The one 



OF KING CHARLES I. 2.95 

will be the faithful confervators of the local intcrefts, as 
Avell as attend well to the general intereft alfo, and in 
the moft cafes when his own diftri£l is out of the quef- 
tion, which will be the cafe in raoft inftances, will 
judge innpaitialiy and faithfully for the public good : 
tlie other detached Irom all particularity, can have no 
obje6l but the univerfal, or at lead the general good, 
with which his own perfonal interefl: is infeparably con- 
necled. 

The powers of the houfes are not mixed, but fepa- 
rate and concurrent. Thefe with the quorum of each 
to be defined and fettled in the conf^itution. They fit 
and deliberate feparalely, and their votes are of inde- 
pendent and feparate import. The concurrence of the 
two houfes in their votes to conflitute an a6l, and there 
can be no public a6l of the national council without 
this concurrence. A few other declarations regulating 
the exercifnig their powers and authority in tranfa£ling 
bufmefs, may be defined in the conftitution, the reit 
may be fafely confided to their united wifdom. But in 
cafe the two houfes fliould ever hereafter concur in any 
vote for the hereditation of any offices or their perpetu- 
ity in any family line, or for the hereditation and per- 
petuity of the Proteclor and upper houfe, the conifitu- 
tion fliould be thereby ipfo fado diffolved. In which 
eafc it fhould be provided and effablilhed in the confti- 
tution, that the republic reverts to a fiate of nature ; 
when any of the 500 di(fri6ls may affum.e upon them- 
felvesto circulate a coiTimunication among therr:feives, 
ana originate by fpontaneous delegation from the dif- 
tricts, a republican convention, lor the exprefs purpofe 
of regenerating the policy and conftituting a new repub- 
lic ; and if neceifary may arm for the purpofe without 
criminal rebellion. 

Before we define the powers of the Prott(Sfcr, and * 
order to difcern what portion of authority Ihould be * 
ifgned and eatrufled to the fupreme executive, v/e r*^ 



ag& HISTORY OF THREE OF THE JUDGES 

Biake an experiment of this policy ; from whence we 
may difcern the laihty of thefe b^ilanceG, and the obvi- 
ous preference of the double to a Tingle reprefentation, 
or indeed of vePiing the whole goyernment in one houie,., 
or a fenateor council .)j one order only of local repre- 
fentatives ; snd indetd lis preferablenefs to a fmgle or- 
der itandi ng. on univerfal election, modified as above, 
both in point o( ample and accurate information of 
every part, and diffufmg the kno\vledc>;e of chara6lers 
amor.g their condituents, for future eiedions, through 
the Community. At the fame time that conjoined with 
perftct local information, there is provided a natural 
and unfailing fccurity of tidelity to the public and gene- 
ral welfare. To proceed with the experiment, — Let 
a bill be brought into the lower houfe — -upon reading it, 
each member will run home in his own mind, and 
think how it will aifecl: his own diftridl, hisimmx- 
d:ate conflituents ; and he will be faithful to his dif- 
tria ; this '^i!l be hislirft care« If it does not affecl 
tiVdt otherwife than as it is involved in the univerfal in- 
tc'relf, then the public good becomes equally his caie^. 
and indeed fole object.- Again in this houfe v/ill una- 
voidably be room for facLion or jundlon of dillriit or 
vicinity intereils, andclubbing with diftricls in differ- 
ent parts towards carrying votcs; This cannot fo eafily 
take place in the other houi'e. The great advantage 



Oi 



local reprefentations, is for obtaining perfe6l informa- 
tion, and for having the diilrid fatished that they have 
a iaithfcd advocate in the national council, for its parti- 
culiM" intereil, Bfjth thefe are matters of gieat moment. 
Biit it may be poffible, and often happens, that a biii 
palles in this houfe rather from a junAion of particular 
local intereils, the interefls of a part of the community,- 
than from the public good. It needs then to be con- 
r:p'atej and aftcd upon by a houfe whofe only or pri- 
!r\ ciiid governing obje6f muff: be the public welfare^ 
b'^-.hfe it I'iands not on local, ubiquitarian eledlion. — 
LeViie bill be read here, and initead of the members 



OF KINO CHARLES I. 297 

ji^nning to a local or a few local Interefls, they feel them- 
felves irrefdlibly conftrained to contemplate the whole 
field of dominion, the public welfare. A bill then 
hav'ing had this confiderationand review, and thereupon- 
having the concurrence of the local and univerfal re- 
prefentatives, may be confided in as having received a- 
well informed and thorough difquifition, and as faith- 
ful a deciiion as can be had from erring man. 

And now as the Head or Prote6lor, by the fijperenii- 
nency of his ilation, may be juftly fupppfed to have a 
circumfpedlive view of the public intereft, efpecially 
when furniihed whh all the lights of both houfes, and: 
by his dependence on univerfal ele£lion alfo himfelf,. 
effeftually fecuredfrom partiality, every one will fee 
the fafety and utility of another reviflon by the father of 
the republic : not indeed to his final negative or veto, 
which might be em.barraffing and dangerous, though 
not of lading and irremediable mifchief, as he cannot 
ceafe to teel a reference to a future eledlion. It will' 
therefore be for the perfe6lion of the polity, that he 
fliould have the power of a tem.porary negative with a 
limited time, and a reference to a reconfideration with 
his reafons. He may have difcerned fomething of mo- 
ment which may have efcaped both houfes, at lead he^ 
will have his feelings upon ir, and the feelings of a cha- 
ra6ler fo fituated m.ay not be unworthy the attention of 
the wifeft and mo(\ enlightened alfembiy. His reafons 
and obfervations in a revifion of the whole, may be 
found beneficial, and may occafion amendments, or 
falutary alterations, or even abolitions. But if after 
this the views of the two houfes lliall continue the famiC, 
and they adhere to their former opinion and judgment 
after revifion, it may be juftly confided in, that they 
are right, the bill having had a due courfe, and as com- 
plete a deliberation and decifion as human wifdom ad- 
mits, before it palfes into a public law. Thus thefe 
balances in the polity are demonftrably wife, and I 
thiuk conftit'jte perfetSlion. 



^8 HISTORY OF THREE OF THE JUDGES 

Bf cenfidering the juftiy elevated fituation of the 
Prote6tor, his connexion with the national council, his 
relation to the whole community, his being the pi^htical 
head of a diiliri£l fovereignty among the fovereignties 
of the world, and the communications and intercouiTe 
with other dales in peace and war, we may be enabled 
to judge with what power he ought to be invelled, with- 
out laying a foundation of his becoming a defpot. — 
thefe powers I Ihall not detail. Thofe who frame the 
conftitution will do it with careful attention. I mean 
only to fuggeif the outline of the political ccnftitmion. 
He mull be the organ of the republic, through which 
all com-munications muft be had with furrounding (lates,,- 
v/hich Vattel conhders as fo many moral perforis fuf- 
Geptible of a variety of national relations, from whence 
arife thofe fitnefies, propriety of treatment, and focial 
obligations which, with the treaties and compacts 
among thefe political moral perfons,- become the laws 
of nations, four^ded in principles of moral right, ac- 
cording to Grotius and Putiendorf, and of a reditude 
and obhgation as immutable as the eternal laws" of na- 
ture. The whole national aiTembly will be called to 
cortf]der thefe things, and none more than the head of 
the republic. The command of the navy, army and 
militia, muft and may be fafely confided to him, while 
the national council hold the appropriation of the re- 
venues in their hands. The making of war and peace 
are both m.atters of too great moment to be left in the 
hands and at the will of a fmgle perfon. It is undoubt- 
edly wife in tlie conftitution of the United States, on 
thefe great fubje6ls the Preddent cannot a6l alone, but 
mull: have the couiifel and concurrence of the Senate. — = 
The defignation and appointment of officers, civil, mi- 
litary, judicial, and in the revenue, would be danger- 
ous in his hands. With this pov/er, like the King of 
England, he would not fail to corrupt a majority of 
both houfes, and reduce all to a depcMidance on his vvillj, 
or the didlature of a ininifter. The proiufioii of lower 



OF KING CHARLES T. 2^9 

and uiilucrallve ofnces may be left to his dlreflion with 
fafety. B'.it an ample felection fhculd be made of all 
the gre^t offices, efpecially of high emoluments, and in 
general of offices in every department, to the amount at 
leait of three quarters of the aggregate value of all the 
offices in the republic fhould be guarded, by the nomi- 
nation of the Pi'oteclor and concurrence of both houfes. 
1 his is a matter of vaif moment. It will thus become 
impofiible for the fupreme magillrate to corrupt both 
houfes. Other regulations refpeiling the powers, au- 
thority and necelfary prerogatives of the protcclorate., 
may be of imiportance to define and limit in the con'ii- 
tution, while others and perhaps more temporary pow- 
ers adapted to exigencies, may be fafely left to the na- 
tional council, which by their acSls may Iroiii time to time 
impart to him the necelfary powers, and revoke them. 
Whde a guarded vigilance Ihould be held that fo im- 
portant, and ufeful, and necelhiry a charadler jhould not 
grow up to fo powerful an independence and controul, 
as in.time to overwhelm and proitrate the hberties of the 
republic. 

It has become fafhionable to call the national coun- 
cil, this fupreme body by thenameof a Legislature, 
as if this was theii ..imeand principal bufinefs. If a 
perfe6l and complete fyftem of law and jurifpriidence 
was once provided and eftabliihed for a ilate, legiilation 
would be at an end. This was the cafe in the Mofaic 
-inititution, whofe laws never needed addition or amend- 
iiient. God never altered this law from the days of 
Sinai to the days of Zorobabel. Human legillation 
cannot be at hrit perfect, complete and comprehenfive. 
But though it will require fome time to inveftigate and 
eilab'iilh a body of laws adapted .to4he genius and cir- 
curnftancesof a people; yet after a vvhile a fyitem or 
code of lav/s v/ili grow up to a magnitude and compre- 
henfion of cafes fufficieat for the adminiilration of juf- 
^tice in thcUate, and for the deteimination of all caufes 
Xivil and criminal. And altliou^h mutations and altera- 



300 HISTORY OF THREE GF THE TUCGES 

tions of laws according to the exigencies of fociety will 
in fome degree be always taking place, yet after a while 
in a well fettled government legiilation will employ but 
a imaJl part of the attention and labors and a national af- 
fembly. The other tran fad ions in government y and 
political. adminiflrat ion y \^■ill foon become far more vo- 
luminous than the code of laws or llatutes. When the 
national council ad in law-making they are properly 
Jegijlators ; in all other tranfa61ions^^/^'^r;;2t'^2A•7/. 

Future legiflators, am.ong other things, it is to be 
hoped, while tliey may redify the whole fyftem of jn- 
rifprudence, will particularly corred the penal code 
which in all nations has been lavish in capital puoifh- 
ments. It cannot be fuppofed that the fl:ate of human 
fociety requires the feverity of the enaded punilhment 
for fecurjngj)eace, order and obedience to lawr- ao.' gov- 
ernment. For the confervation of the peace and fup- 
port of the laws in England, jud^e Blackftone informs^ 
us that one hundred and iixty crimes and felonies are 
capital by the ftatutes. And among five or fix million 
people have been above feventy tf-oufand capital execu- 
tions the century pa(i. In Connctticut for the pad 
-Century have not been above fifteen or twenty execu- 
tions, and for all New-England probably not exceeding 
fixty or^feventy ; and the peace and good order of focie- 
ty has been wtjl preferved among lialf a miiUon to ^ 
million of fouls. 

LegifiatLon and government mufc by the confiitution 
be ever lc;ft with the national fovereignty. But a fu- 
"^.Ktxn^ judiciary is of fuch great and momentous impor- 
tance that it may be eftab'ilhed in theconflitution itfelf. 
It is the intereit oi"every individual in the community, 
that there beeftablilhed one pure and uninfluenced tri- 
bunal for the ultimate dtcilion on civil and criminal tri- 
als and adjudications. And to this end the conllitulion 
lliould elhiblifn it that the judges of the fupreme court 
of the republic ihould be nieii of diflinguifhed abilities 



• F KING CHARLES I. 30t 

and great law learning, and of un corrupted iritcgilty, 
limited to judge not according to trieir difcretion, but 
according to the laws of the land, and that they hold 
their offices qiiamdhife bene gcfj'erint : t\\?ii treafoQ in 
the prote6lor and corruption in the judges be puniOied 
with death. A high court fhould be provided and au- 
thorized, not by the legiflature, but by the conflitution, 
for the regular trial of fuch high delinquents. All other 
■courts for the diftribution o^ juftice through the land 
may be inftituted by the Icgifiature. 

This is the general idea of a perfeft policy. The title 
or appellation of this public body may be, Congrcjsy 
Senate, General Council^ or h' at tonal AJfembly, I'he 
name is very indiiTercnt, and will have no efficacy on 
their public acls and operations. The etymologies of 
the three laftdo not primarily lead to power and autho- 
rity. The congrejfus optimatum brings up with it both 
power and council united : and feems the moft natural 
for a republican, unhereditary, eleilive ariftccracy. — 
The whole national alTembly is an ariilocracy, while in 
office, not hereditary but eleflive. They continue in 
this elevation and fuperiority to their brethren, while by 
them entrufted with the high authority, and until, hav- 
ing run their race, and difcharged their great and iifeful 
betruftment, they revert back into the order of common 
fellow-citizens. This auguft body during their eleva- 
tion are to receive all honor and refpecc, fubmifiion 
and free obedience from the whole union. While in 
office let them be treated with the honors of the office. 
'There is a weighty obje6lion to this polltj. The uni- 
verfal eleftion will be obje6led to, both for the Protector 
and the univerfal branch, as unwieldy, impracticable, 
impoffible. To this it may be replied, that perfonai 
acquaintance is not neceifary. Inform.ation will be 
fu fficient with refpe61 to eminent and confpicuous cha- 
radlers. Experience has fiiewn us, that the people at 
large in ^vQcy the mofi diltant part of the United States, 
for inlhnce, aie Uiiiverrally informed concerning fifty 
A a 



^02 HISTORY O? THREE OF THE JUDGES 

or one hundred chara£):ers, or more, all over the ftate?, 
among which they are able to inalce a wife and judicious 
choice, or election. The men who are qualified for 
flich high ftations will foon be extenfively known. — 
They llionld be thofe, who either by having been long 
in the national fervice, or by fonie diUinguifiied atchieve- 
mentof public utility, have approved themftlves qualified 
v/ith wil'dbm, experience, and a perfe6l acquaintance 
with public afrairs, by v^hich their abilities and fidelity 
will become extenfively known to all the tribes through 
the union and community. This will fupply an ample 
fuificiency of worthy, patriotic and excellent perfonages, 
Cil?."a61ers of ability and public confidence, of diffufed 
3-eputation, and univerfal notoriety, from wdiich the 
community in general, will be enabled with good dif- 
cernment and judgment, to ele6l thofe fuperior and 
imiverfal members. 

Finally, let that inePtimable jewel and prefervative 
be infertcd inthe conffitution, the power of revision, 
alteration and amendment, after certain ifated periods, 
until the polity become To perfectly fatisfactwy, as that 
to the feelings and fenfe of the cominunity, it needs no 
further amendment : when tlie ufe of the revifionary 
powers would go into defuetude of courfe ; unlefs call- 
ed up at diftant periods to rectify and reform corrup- 
tions, which may in time be infmuated into the admi- 
niftration of the belt polity. 

This is the view^ of an Utopian polity, which, whe- 
ther right or wrong, will always reft in harmilefs idea. 
Its refutation and abfurdity will never appear by an ac- 
tual experiment, for fuch an experiment will never be 
•nade. Not that it is impollible : for notwithftanding 
the ingenious ideas of the great patriot Neckar, that 
rcoubiics mult be difrerentiy pohcied according, to the 
cxifling diverfjticsof national fociety on which they 
Ihall be formed, as to cuftoms, laws, ufages and maa- 
nsrs, ranks and order?, yet this polity. may be fucccfs- 



OF KING CHARLES I. 303 

fully applied to all the kingdoms, empires_ and fove* 
i-eignties on earth, under all their exiillng diverfities— ■ 
leaving otherwife all the dittinctions and tenures of pro- 
perty, dignities, titles, honours, orders and inequali- 
ties, comprehended and untouched, even the heredlta. y 
honors, if they have not power combined with them : 
only adopting liberty and equality to their extent, that 
the'accefs up into the fupreme national council be open 
to all the/Vi^^««////^j- of fociety, fo that upon confiitu- 
tional election princes and nobles, dukes, marquilfes, 
earls, vifcounts, barons, governors, generals, cccle- 
fiadics, civilians, merchants, gentlemen, yeomen, 
profeffional characters, and the literati, are all equally 
eligible, and all meet and fit and act together as equals^ 
with a ^^ Noshicuna sedemus iifi Barones..^* As all 
grades of nobility are pares in the hcufe of nobles, fo 
nobles and plebeians pares in national council. The 
houfe of commons in England, and the national aiTem- 
bly in France have exhibited and realized tliis equality 
amldd inequality. Adopting this commanding idea, 
this polity might be readily and v, ich facility applied to 
all the diverfihed kingdoms on earth. As eafily might 
a republic be formed out of the intricate and confufed 
hotch potch of the Germanic empire, and the empires 
of Turkey, Perfia, or Indoftan, as out of the plain co- 
equal yeomanry, freeholders and citizens of the United 
States. All the diverfified nations are fufceptible of a 
regeneration into the fame uniform republican policies, 
with a fuperfedure indeed, but not deilrufSLion of or- 
ders. But all this will be treated and rejedted as only 
the impra6licable theories and fpeculations of the fludy, 
the fanciful reveries of reclufe an.d unexperienced life. 
Indeed fo many exiftingcircumftancesmuil and willbs 
attended t® in the reformation of the old, corrupt and 
worn out governments, and in the forming of new ones, 
or in the regeneration of the fovtreignties of the world 
r.^ow already begun, that my idea will not, and in ef- 
fect cannot be realized. But perhaps an approximation 



,304. HISTORY ©F THREB ©F THE- JUDGES 

to the leading features and capital principles of it, efps-j 
cially as ioeleSfion, h-m\[\\\ughereditatiQn of pozver, and 
providing re'mfany already begun and arifen among the 
Jiatlons, begun in the unfuccefsl'ul efibrtsof 1641, and 
iLvxefsfully realized in 1796, may reftore the prefent 
policies to a good degree of amelioration, effect th<5 
ends of liberal, efficacious, juil and happy government, 
•and fecure the reign, the dominion of law, rights and 
liberties, iis far as can be expected in the prefent flats 
of man. But this perfect idea will never be realized. 
The nearc'l refemblance to it, wliich I have found,, 
among- all tlie policies that have exifted fince the firil 
difperiion of the nations, was in the moft beaiitiful and 
ivell organized republic of Ireland, fpontaneouily form- 
ed by the emigration from Norway, and fiouriihing in 
tlie tenth century. 

Undoubtedly in the future flfu6iure of policies, there 
will be a great variety : while moil probably hereafter 
•iiicy will all agree in the reje<5lion of monarchy, and in 
a governm.ent by a national council, or fenate of one 01' 
more orders, conuru6led in fome mode or other. The 
lefs complicated the more fimple, fyitematical and in- 
telligible to the body of the people, the better. It re- 
mains to be verified by experiment, whether a republic 
ruled by one order of co-equal fenators, and this elec- 
tive, can be permanent and lifdng. At prefent the 
fpeculation is that it cannot. But, the tumultuous, f^lf- 
defeating confufion of the little republics in Italy not- 
vvithflanding, I believe future trial will exhibit a proof 
that its durability is poffible, and that it may well an- 
fwer the ends of liberty and permanent government ; 
and vet be by no means equal in excellency to the ba- 
lances of tvv'o orders in the national fenate. The poli- 
cies of permanent republics may be as various, as thofe 
have been of permanent monarchies. The ten exiiting 
kingdoms of Europe are all differently policied, no two 
imllar,. kalt of all exactly ahke, unlefs in monarchy. 



OF KING CHABLES I. 3C5 

Of the half a dozen republics in Europe, no two are 
alike, all are of diverfifieci policies. 

A republic fafe for liberty, laws, and energetic go- 
vernment, may be formed upon different modification;-. 
It may be formed of ele£live or hereditary ariftocracie?, 
for while in office and cloathed whh power and autho- 
rity, they are an ariltocracy, whether an ele6f ive or he- 
reditary, and the conflitution may be equally perma- 
nent. The fenate may confifl: of uneledive hereditary 
patricians, as Venice, which has fubflfled for ages, 
with great firmnefs and wifdom. Or it may be formed 
of one order elected from the people or citizens of the 
community at large, and this for life, the fuccefiion in 
cafe of vacancies by death to be filled by ele6lion of the 
people. Or this fenate of one order may conftitp.tion- 
ally ftand on triennial, feptennial, or frequent ele6lions, 
the elections to be made out of citizens of all orders 
and defcriptions prom.ifcuoully, or all to be indifferently 
eligible into the national fenate of one order. Perhaps 
fomething like this may be that which will in facl take 
place. Or a policy may be formed in another mode. 
The whole body of the citizens may be refolved into 
centuries and claffes, as among the Romans,t and ba- 
jaacing one another : that is, there may be one clafs of 
hereditary nobility, another of citizens of high opulence, 
a clafs of merchants, and claffes of other defcriptions, 
and poilibly in fome ftates the clergy and univerfities 
may make another clafs : and all thefe to be reprefented 
by ele6lion in their refpedlive claffes, and form a na- 
tional fenate of two, three or more negativej^, or vetos, 
as once in Sweden ; or form one co-ordinate body, or 
otherwife be differently modified, as circumftances and 
prevailing coalefcences may indigitateand point out, or 
as may arife on contingen.ee and compact andfubmiffive 
acquiefcence. But an elective fenate of two balancing 
orders, (landing on local ^nd general elections, would 
be the moft fimpie, intelligible, and pertecl. Howe- 
t Livy A a 2 



Qod HISTORY OF THREE OF THE JUDGES 

yer a repiiblic, anc^ even a monarchical republic might, 
in fome or any of thefe modes be conftruded, in which 
liberty and the public weal might be to a very good de- 
gree fecured, and eftabliOied with a very durable fatis- 
fadlion. We all have our feelings, and national and 
perhaps fpeculative preferences. Among thofe who 
are fmcerely principled and difpofed to liberty in gene- 
ral, one from education or judgment will feel a lift to 
monarchical and ariftocratical ideas, another to mixt 
and balancing republican ideas of equality as to eligi- 
bility. The future formation of policies may poffibly 
exhibit feveral of thefe diverfified forms. Which will 
really approve itfelf the moll friendly to right, liberty,, 
and the public weal, mult be left to the experiment of 
two or three ages \ when upon a comparifon and hiflo- 
ryofail thefe liberty policies, it may appear vv^hich is 
beft. I that have been educated in repubhcan ideas^ 
as was Vattel, and at a diliance from nobiUty eminen- 
cies, feel very w^ell iatisfied with equality in the na- 
tional council, and think it bids fair to fucceed the 
beft. Montefquieu, educated in high monarchical and 
ariftocratical ideas, could not enter into the fpiritofa^ 
republic. A genuine Englifhman will ever think dif- 
ferently on the fubjecl of rights and liberties from the 
jeft of the world. There is no umpire in this matter 
but the experiment of ages, at'ter various polities have 
been tried. Monarchical polities in ail their variety 
have been abundantly tried ^ republican polities remain 
to be tried. 

Fsr am I from thinking that the wifefL and beft po- 
licy can efcape the impreflions of corruption. Let us 
not expe6l but that it will break in with a conftantly 
difeann2 iniiuence. Wc have only to find which i& 
rufccptible of the leaft. Vv^hatever the polity be, wher- 
ever the pov/er refls, wherlier in a monarchy, arifto- 
crac), or the people, let us count upon it, let us be 
aiTurcd corruption will apply itfelfvv-iih an infidiousand. 
ccu^l dexterity. PJy only hope ^is, that it may be en- 



OF KING CHARLES I. 3Q7 

'^rvated by having a large and difFufive obje'51: to Ipcnd 
itfelfupon, and by the frequency of eledions. Even 
in a republic univcrfally eieclive, great will be the cor- 
ruption, in defiance of all laws. Nobles and men of 
opulence, as well as indigent popularity, by money and 
intrigue,, and difpofition of offices through union of 
fa6lLon5r, will have full and overbearing weight, to ren- 
der into the national council m.en whole perfonai inter- 
feils will not coincide with thofe of the public. One 
opulent man will corrupt or influence a thoufand ple- 
beian elccSlors. We fee it in the Englilli parliament, 
where popular corruption conftantly renders a very 
great number of nobles into the houie of commons, as 
well as that of the lords. Already of live hundred and 
fifty members, tv/o hundred and fifty, perhaps two 
thirds, are noblemen, and '.vf enobled blocxh And it 
tnay poinbly come to pafs, that no longer liiall the com- 
mons be reprei'ented by commions according to the ori- 
ginal inrention of that houfe, but the commons be 
wholly reprelented by nobles, Engliih, Scotch, or Irifh^ 
fo both become a double honfe of nobles, one heredi- 
tary the other eledive. A fimilar corruption is taking 
place to at leaff in a fmall degree in the ele6lions of the 
United States. Our only fafety is in diffufling light and 
knowledge through the common people and body of 
the citizens at large, to guard them from being bribed 
or influenced againil their own interelt, for each citi- 
5ien has an intereff in the public interell ; and by making 
the cbjeiSl, on which corruption is to operate, as diifu- 
five as poilible. On the whole, we feem to ftand the 
beft chance of gatliering the greateif quantity of v/ifdom 
and public fpirit into the council, by eleSlion^ with all 
its corruptions, than by hereditary ignorance and folly. 
And under all the pf)pular rautabihties, a fucceilion and 
permanency of vvifdam and patriotifm is far n}ore fecure 
;ind certain in an ele£live, than hereditary ariitocracy 

I have hitherto faid nothing concerning religion^ 
which feenis to be agreed to be ihut out of modem po- 



308 HISTORY OF THREE OF THE JUDGES 

licies. The mifchiefs of fe6lanan tefts, the injuftic^ 
of the elevation of any one {c£i in particular, to the ex- 
clufion, disfranchifement, or dertru61ion, or even mo- 
icllation oi the reft, as in England, Poland and Hol- 
land, have incHned all to a grovi'ing concurrence in 
leaving them out of civil fociety. And fome enlight- 
ened minds have proceeded the lengths of fo daring a 
liberty, as even to expunge the exiftence of a God out 
of his own creation. A very liberal Catholicifm ought 
certainly to be cultivated among all fe6ls of chriftians, 
upon the principles of policy as well as of our holy re- 
ligion, our common chriftianity. But I do not fee 
that a chriftian republic ought either to renounce chrif- 
tianity, on the one hand, or on the other hand, to ex- 
tend charity to the equality, indifference and nullifica- 
tion of ail religions. I am in decided oppofition. to the 
deiftical ideas, which have ufurped too much influence 
in the reformation of polities at this day, as if to put hea- 
ven to another trial, rvhetker it can »naintain chriftianity, 
as it did the three firft centuries. Chriftianity will up- 
hold itfelf, be the policies of ftates as they may. But a 
chri'ftian ftate ought exprefsly to acknowledge and em- 
bofom in its civil conftitution, the public avowal of the 
being of a God, that Moft High and Holy Sovereign, 
upon whom all depends, and the avowal of chriftianity. 
In this period, of taking great liberties with the perfon 
and religion of Jefus, of conceited wifdom, of bold and 
illiberal invectives againft revelation, during the prs- 
fent rage and enthufiaftic mania of deifm., I fear not to 
rifque the offence and vociferous repudiations of the dif- 
cipl@s of the open Voltaire and Rofteau, or the covert 
deiilical Gibbon, notwithftanding their public honors 
in the recent apotheofes af the newly refumed ethnical 
idolatry, and their repofitation among the colledion of 
Gods in the motly pantheon of the Temple of Reafon. 
The blaze of this little political diafpora of extravagant 
and felf-opinionated philofophers (a fraternity bringing 
that honorable name into contempt, as it did in the 



©F KING CKAELES- U ^^ 

fourth century) will, like other momentary lamps of er- 
ror, burn down, go out and evanrlh ; and the worlds 
inftead, of public conviction or general converfion^ 
will ftion write upon it, meKe, iekel, Thefe men oi 
eafy virtue, and generally of eafy morals, from infidi- 
oufly inferting themfelves into the various departments- 
of the political admin id rat ion of Hates, will foonfind it 
expedient in a chrifHan community to bend and mafic 
their principles, under the pretext of becoming favor- 
able to chriftian morals, and perhaps to become hypo^ 
critical advocates forthe canfe of the Redeemer. Mucb 
better however for a chriftian republic, to take care in* 
their eledions, that they are ruled, not by covert deifts^ 
but by real chriftians, rather than by dubioiK? charac- 
ters ; characters whofe covert duplicity cannot but often 
break out and difcover themfelves on a thoufand occa- 
lions. 

i atn the more open artd explicit ijpon this fubjeCt ; 
for it would ill become me, who,, by the grace of God, 
have been fnatched and refcued from deifm, by the? 
v/eighty, the prevailing force, the omnipotent convic- 
tions of truth, to apologize to men of half finifhed dif- 
quifitions, to the ignorance of my brother fmners, or 
even to the moft Enlightened philofophers of deified rea- 
fon, for moft freely and openly avowing and advocating 
the canfe of revelation. I make no apology : I tem- 
pori2:e not in concelilons to the learned or unlearned. — 
After having been by heaven carried through the whole 
inquiry, through the fcrie* and' train of proofs, up to 
conclufive and certain demonftration, I fubmit not t»> 
t}Cit frjppofition of uncertainty, or of the poiTibili'ty of 
miftake, in a matterof fuchfuperlativety high PKoOf^ 
and of as certain evidence, as that for the exiftence of a* 
God. I could as eafily apologize for believing thCre i^ 
a God, as for the belief of chriftianitv. Under demon- 
ftrative conviction of both, my mind, my confcioii^ 
intelligence, efpecially at certain times of intenfe con- 
femplation) ftruck and overcome with the poweifol 



3TO HIST0RY OF THREE OF THE JUDGES . 

ifnpreflions of evidence, could as eafily nnd readily give 
up the one as the other. I could fay as truly under iiiW 
perception of its truth, that the pythagoric problem, 
or the hlgtiefl: demonftrations in Euclid, were dubious 
and falfe, as that chriilianity is a dubious and erroneous 
iilufion ; when the confcious perception of my mind 
fees and knows, that it came down from the Gvd of 
infallible truth. That great jurift and civilian, Minu- 
tius Foelix, could tell thefe men of light ai>d reafon, a 
TertuUian, that learned jurifperite of Carthage, who 
refigned the toga of the forum for the facerdotal pallium, 
could tell them, that greater juriH: than both, I mean 
Father Paul of Venice, and a greater civilian and hif- 
torian than thefe, the immenfely learned Selden, cha- 
raclers which, for com^prehenfive collocation of evi- 
dence, deep difcernment, folidity and accinacv of judg- 
ment, would weigh down a thoiifand Gibbons and 
Montefquieiis, and olliers of fuperficial and curfory dif- 
cuilionof the fubjcfl:, a fubje<51: hov/ever whofe evidence 
lies equally level to the capacities of the vulgar and 
learned, in this as well as the apoftolic age : — thefe, I 
fay, can tell us, that the evidences of chridianity have 
blazed convivSlion into their minds, with as clear and 
irrefiuible a force, as thofe for the being of a God. The 
fmwle fail of the refurrecSlion and afcenfion of Jefus 
fupports the whole : and this is as highly proved as his 
crucifixion, and is as indubitable as the exiftence of a 
God. The refurre£l:ion of Jefus being eftablillied, 
the whole fabric cf revelation is fupported thus. — None 
can doubt but that Chrift and his apoflles believed the 
jnfpiration of the whole old teftament. If God fliould 
raife up an holy prophet from among men, which de- 
lfts will allov/ poffible, and infpired with documents and 
authority from on high ; Ihould he lay his hand on Mo- 
fes and the Prophets (it would be believed ihould I 
fay,' on the writings of RoiTeau and Voltaire) and in 
the name of God announce them infpired, their infpi- 
ration would at once be authoritatively fettled, and evea 



OF KING CHARLES I. 3H 

delils wcuild candidly renounce aud give \ip the conteft. 
Now Jefus was that holy prophet, evidenced by the 
miracles of his life, paiTion and refurredion. He and 
the difciples have declared this of Mofes and the pro- 
phets. Both their antiquity, authenticity, and real in- 
fpiration, are thus at once fettled and afcertained. — 
Thofe who have got fo far as to believe this, will have 
no diiiicidty as to theinfpiration of the New Teftament. 
They w^ill eafily find a way to get rid of all their fcru- 
ples and cavils at the bible. I will freely and cheer- 
fully truft them with themfclves, only admitting the 
refurre£tion of Chrid: with all its circumftances and con- 
nexions, knowing ajTuredly what will be the refult, 
even nothing lefs than a firm and indubitable belief of 
revelation. But at bottom, none of the deifts believe 
the fa61: of the revelation of Chiift. This is the great 
dilHcuity with them. 

If they receive a profufion of fmiling indulgence, and 
even the molt cordial and rapturous applaufes, for per- 
petually interlarding their writings on policy, law, and 
governmentj on feciilar and political hiftcry, with for- 
eign matter, witii hum.ourous invectives and farcalfical 
percullions of revelation ; they can have no jull: objec- 
tion at receiving in return the far more weighty, vigor- 
ous and repulfory reprehenlions of revelationiils. fianc 
veniam damns petlmusque vlchs'im, I have read mod 
of the deiilical authors, or at leall fo many of the prin- 
cipal ones, that from thence, and my own fpeculations 
and feelings, I conceive m.yfelf poffeired of ail their ar- 
guments, and of the vv'hole force of deifm : and I never 
found one that I thought had digefted the fubje6l, any 
more than Cofmas that of the fphericity of the earth, 
on which he wrote fo zealouily, learnedly and volumi- 
nouiiy, to no other efrc61 than to difplay erroneous li- 
terature^ and a pious but intemperate ardou.r on a mif- 
taken fubjeci, of which he was finally ignorant. The 
fame with deifm. 



3.12 HISTORY OF THREE OF THE JUDGES 

If chriftians or delfts (hould believe the refiirre^liom 
€>f Lazarus, they would mot therefore believe him to be 
a prophet. Hence it is faid that miracles, if fatSls, do 
rvit prove revelation. I attempt not the refutation of 
this conf?quence, which however admits of conclufivc 
refutation-: but fay that, this notwithftanding, if de- 
jfts believed the refurre<5lion of Jefus (and efj?ecially if 
in conjunction with this they alfo believed the reality 
of tlie "three years and a half miracles' afcribed to him) 
thepe is not one of them would hefnate to believe and 
know him to be a prophet. Never was there a believer 
of the refurre^rion of Chrift, who doubted the hiftory 
of his miracles. With fuch an orie all the critical 
raticeinia on the invalidity and conclufivenefs of mira- 
cles, would evanifh. They would condder, not the 
mida miruciila, hni the connexions and purpofes with 
which thev were operated, and become abundantly fa- 
tisHed. I never read of hut one man, R. Becai, who 
believed the reality of Chrifl's refurre6Lion, that did 
not at the fame time believe even the MeiT3:ih{]iip, and 
he was convinced by it that Jesus was a holy prophet. 
If therefore his r.efurre6lion proves him a prophet, it 
eftablifljes the whole fuperftrnclure and lyftem of reve- 
lation. Without being neceiTitatfed to it; I however 
refttl^e whole fupport of revelation upon this lingle and 
fnoft moincntous fa (St. 

The rife of deiftical chara-fters into fupremacy 'm 
European and American polities, t gives them an eclat, 
which is improved towards exciting a general defpiur of 
the chriftian caufe, and towards a popular pcrfuaiion 
that deifm is fpeedilv becoming, if not alreadv become 
generally prevalent throughout Chriftendom. Rut with- 
out obfen'ing the providence and promife of God is 
againft:' It, as focm might we aboliih printing, letters, 
or the Newtonian aftronomy. Indeed the recent tranf- 
a(9:ions which have been fufi-ered to pafs in the naiional 
councils of France, have countenanced thi'n idea, artd 
are con fide red as implying that th-.v have gen era Uv 
i Ncckar ' . ^ - 



OF KING CHARLES I. 31-^ 

ab'andoned religion there, as well as in England anci 
Germany. Bnt is this implication jud ? Though they 
fuffer atheifls anddeifts, and nnprincipled charai:l:er5 to 
.join in the fighting their martial and- pohtical battles, 
in fupporting what they arcall concerned in as a com- 
mon caufe ; and the nation may have gone too far, as 
they certainly have 8;one too far in gratifying and in- 
dulging this lict^mious defcription of men, in fom.e of 
thQ meafures they '^iive brought forward, for theinfidi- 
■ons abolition of icligav:^, and the re-eliabliOiment of 
ethnic ifrn ; yet I make no doubt, thay deceive tliem- 
felvesand the public in reprefenting a general defection 
from reHgion. 

Perhaps the picture which the Abbe Barruel has giv^ 
en of Paris, may apply to London, and the other capi- 
tal cities oi Europe. " The nobility of Paris too gene- 
rally fupported the doclrine of thcfe feds," meaning 
the atlieifticai and deiftical fe6ls of the philofophers, 
**b©caufe they had long adopted thediifolution of their 
manners. They abandoned the churches to the peo- 
ple, inftead of encouraging them by their example to 
frequent them : fervants mimicked the vices of their 
mailers, and the contagion foon fpread to the humble 
cottage of the peafant. The citizen, the merchant, and 
his clerk, a-ll afF^^ed to be witty on religious fubjc^s. 
The magirtrates, Vv'ho were themfelves not free from 
infeftion, winked at the infradion of the laws, and 
fiifFered the poifon to fpread through all ranks of the peo- 
ple. France was finking into an abyfs of impiety and 
corrupt ion. 

*' The clergy ftrove i-ri vain to fiem iho torrent.— 
They were not all exempt from the vices of the age. — - 
This order of men mny be ranked in two claires" : the 
one little acquainted vvitli the duties cf the priefthood, 
borp the name and part of the ecclefiafiical drefs : too 
didipated to be confined to the iervice of the altar, they 
were not ina'Slive in fohciting the favor of courtiers who 



^4 HISTORY QF THREE OF THE JUDGES 

■lad the nomination to church preferment. They were 
a fcandal to religion, and difhonored the caufe initead 
of fupportingit. 

" The other clafs ftill more numerous, was compof- 
f d ol priefls employed in the care of fouls and of eccle- 
iiaftical functions. This was properly fpeaking, the 
b(vJy of the clergy. Iliey were generally well inform.- 
f.d of their duties. Iffome of them panted after the 
Kins of the church, the greater number were ferioully 
attached to the faith, and very kw feemed difpoftfd to 
I)etray it. The generality had not been \\earied with 
religion. Sophiltry and impiety had infedled a great 
number in every clafs of citizens, but fiill the French 
people in general were fmceiely attached to the catho-- 
lie, icligion. Nothing could reconcile them to the po- 
litical revolution, but the ftrongeft alTurances, that no 
changes ihould be made in its doctrine or worlTiip.'^* — 
This is agreeable to an account given me by M. Mar- 
bois, fecretary to the Chevalier de Luzerne in 1779. — 
111 a converfation with him, I ailed him whether Deifm 
was fo prevalent in France as that the body of the na- 
tion had become impregnated and carried away with 
it ? He then replied that many of the nobility and dig- 
nilied clergy indeed, with others of the higher and low- 
er orders freely and openly went into it ; but that the 
moilof the bi (hops, and the body of tne ecclefiaftics, 
with the main body of the people, were not only not d,e- 
illical or difbelievers oi revelation, but were even, as he 
exprelFed it, fuperftinouily devoted to religion. Ac- 
cordingly of one hundred and thirty-eight bifhops and 
iixty-iour thoufand curates or parochial clergy, - only- 
£ve prelates, and perhaps not a iixih of the clergy, took 
the civic oath, the reli refuHpg a coniormity io the 
new civil and ecclefiaiUcal regs.lations ; which 'wQjjld 
fcarccly be credible had they been eife<R;ed with the pli-t 
able indilferentifm which a general deifm would have 
?^enerated. And the very general ave.riien of the people. 
* Bsj-rifieTs hi/}. Frefich clergy, p. 6. 22. 



OF KING CHARLES I. 3.15 

at the thoughts of piirtuig with the parochial religion 
throughout the realm, and the immediate neceility 
\vhich the politicians, faw of fiipplying the dcrelid .pa- 
rifhes with a new clergy, and leaving the people to en- 
joy their old rehgion, evince that the i>ody of the nation 
were not become deifts. 

Many data areneceiTary towards jiidicioiiJJy forming 
general eftimates. Let the matter be fairly and accu- 
rately explored, let it be brought to the trml,. let ihert^ 
be a perte6l liberty of declaring for and againft chriOi- 
aniiy, without incurring penalties or the lofs of im- 
munities, place the mind in the moft perfe-fl e(]uilibri- 
um and deliberate freedom, and examine hearts ; it 
would foon be found that the colle6live aggregate of this 
learned, this philofophic and licentious defcription, 
would prove a fmall and inglorious, though brilliant 
minority : and that fo ftrong and fo general an adhe- 
rence to the gofpel would appear, that of twenty-five 
Jiiillions in France, above twenty-four million5, and 
perhaps nine tenths of the other million, v/ould nov/ be 
found chriftians. From the unhappy omlffion of the 
exiftence ofaGod, andofchriftianity, in the conftitu- 
tionofthe United .States, through deiftical influence, 
and that the road might be kept open for deifts to afcend 
into Congrefs, though to do the Convention juflice this 
was not the principle that a£iuated them : but from this' 
omiHion however-.effe£led or occafioned, as well might 
it be inferred that the inhabitants of the United States 
were generally heathen, generally atheifts and deills, 
w^hen nine hundred'and ninety-nine out of a thoufand 
would fhudder at the thoughts of renouncing their Re- 
deemer. So they are generally tenacious ofchriftianity 
in France, both from the habit of ages, and from the 
proofs and convi6lions tranfmittcd with chrillianity. — 
And if the fubjecl was examined with attention, I 
doubt not. the fame would be found to be the facSl thro'- 
out Europe and chHftian Atr.erica. Be afiured that 
chriftianity v/ill ever, and every where find able, leam- 



3^6 HIST0RY ©F THREE OF TH2 JUDGES 

ed, potent, weighty, and in the confiivSl irrefiftible ad- 
vocates and defenders. The uhimatedecifion muft be 
referred to fLitiirity. For a long time during the pre- 
fent ^ra of confii6t, as in that for eftabhfhing the repub- 
lics of PqUnc\ and France, and as amoqg the combatants 
in the ponlihcial controverfy, the trumpet of \i£tory 
will continue tobe Ciinded e;c uiraque phala?2ge., on 
i;oth iides. In ihe mean time the defenders of revela- 
licra have no rcad^n to be alliamedof the proof of their 
armour, or of the goodnefs of their caufe : and may 
con fide in it, that among all the defedions, this of re- 
nour.cingthe gcfpel will bethe lall: to become generat 
in Europe or America. Would to God, we all lived 
it better. SafRated bubbles of fcience and conceited 
y^ifdom, fome balloon geniuifes attack, impinge upoli 
it, and fall one after another. The more chnftianit.y 
isiittaclied, the more firmly it ftands, .with an increaf- 
ing and growing llrength, not on power, not on thjs 
iiipport of temporahties, or civil government, generally 
2Tiore fatal than beneficial, bat on the calm, and weigh- 
ty, and irrefiftible convi61ions of truth. Dieifm, likie 
the Serpedo, will fpread and die, will blaze its day, 
cverfpread Europe and the world-, fpend itfelf, flit away 
and evaniih from the globe, like the ethnicifm ofan- 
tient, or the t^yrannies cf modern ages. And its great 
sndihining advocates will, in the future hiftories of 
natrons," rank with the Democrituses and Pyrrhos, and 
other philofophical flambeaux of the luminous Grecian 
ages. TheFe, with the other emineneies of fallacious 
delufion, will be given up in the ages of light and rea- 
Ton ; v/hich will marvel tliat preceding erring ages 
Ihould be caught with tl:ij:)re tlimfy delufiotis^ which by 
the weighty blaO: of truth, will everitualiy, like the 
thin goiftimer, ;bediliipated aoil puffed iiito their great 
^ndunmiportant nothings. 

Let us beaflTuredthatthechriftian ftates are not going 
to give up religion. Nay, it will be, it cannot but be, 
with literature, jufticcand moral reditude, patrcmi^ed 



or KING e'HARLlf T^^^Teui 1^ 
by the'civil powers themfclvfi?. Let the dei^Ical pQli- 
ticians bring the matter to a criOs ; ^^^ ^'^^-iJ^ adventure 
the trial, and afiiixedly they will not fail of receiving 
ample fati.€acticn on the fubject. l^'en doute% pas, 
^liintinsy la Religion a s&$ Heros. ^olignac ? Anti- 
LucrciC, L.J.* ''"' '■''■] 

rhavefmiftied my idea of a perfe£t republic. This 
I believe to be the arrangement of the grand monarchi- 
cal republic of the nniverfe : with this difference, that 
in the one immenfe, aU-comprehenfive government of 
the Omnipotent, the power emanates, defcends and 
ip reads abroad, from the Independent Unity, and 
iinderived fource of all power and authority ; in the 
other,, in our htlle minutefimal polities, the power is 
left and ordained by the God of nature to derive from 
<jod, and to afcend through t|:ie people, up to the fove- 
reign council, and from thence, in its beneficial influ- 
ences and operations to be diffufed through the commu- 
nity. Other important matters here omitted, will fall 
'n as auxiliary and fupplemental, and perhaps with con- 
iiderable admiffible variety, in conflru6ting and confti- 
tuting this polity, this edifice of public liberty. But it 
is conceived thefe are the effcutial, and I believe, all- 
Ht^omprehenave outlines of one, which wouU approve 
•itfelf a government, not of will, butoflavys; wherein 
the liberties and rights of mankind, both perfonal ^nd 
focial, would become too firmjy eftablifhed, ever to be 
©verthrown .* for confident I arn, that upon experiment, 
it would gain the univerfal acquiefcence and confidence 
-ol all embofomed and comprehended in it. 

Comparing with this the Belgic, the Hoelvetic, the 
Venetian republics, or the antient republics of Grece 
and Rome, or the modern ones of France and Poland, 
and Egypt, with the monarchical repubhc of England, 
for according to Sir Thomas Smith this is a reputlic, 
~;md efpecially that of the United States of America ; 
everyone will eafily perceive,; what ideas I muithave 

Bh z 



.318 HISTORY OF THREE OF THE JUDGES 

vi^kli re(|>e<5l to their different approxirtiations^toithis 
l.'derribf perfedion. And what I had principally in 
V < \ they will eafily perceive and fee the reafon why 
} fl'^ .i entertain fo high an opinion of the fatttv and 
peri. .lOn of Ohver's republic ; which I muft think 
will more and more approve itfelf to contemplative pof- 
te;ity, to have been excellent, and worthy the great, 
comprehenfive and deep difcernment, the noble efforts 
and exertions of fo great a genius as Cromwell's. — 
No wonder he was enamoured of it, idolized it, and 
reje(SI:ed a crown for its fake. No wonder he was, with 
Cato, giieved> whenhe forefaw the certain ruin of fo 
noble a fabric, fo glorious a caufe. Examined in this 
vlevv, we fhall perceive the neceility of the bold, ad- 
venturous and heroic meafures, of firft bringing the 
King to juflice, and afterwards of diilblving the long 
iind felf- perpetuating parliament. And in a word, the 
jullice and reditude of m.oil of the infra dlions and viola;^ 
tions of tl.e corrupt order of a defpotic policy, that on its 
ruins fo beautiful a frabric of libeity might be erecled. 
And when in the fame light vyc examine the caufe of thfe 
Judges in the high court of juutce, we may at length 
fee them vindicated, and completely juilified. 

We m^y fault the tribunal of Charles I. and falik 

the judgment : while there are and will be thofe, who 

will believe of both, that they were authoritative, juft 

«nd right. The republic of France is fuffering the 

fame public obloquy at prefent ; but they may here.J- 

ter be judged to have fet forth and exhibited an heroic 

inftance of public juilice, for the terror of Kings, which 

. *nay learn them to tranfacl in future with their fubje6is 

|vith fidelity and Sincerity. If two things appear proved 

^|>f Loui^ Capet, a fovereign juflly efieemed _and lov-^d 

;1>y America, his fate was ju ft.' If he fecretiy coinci- 

ijed, negociated and intrigued vvith foreign cabinet^, 

.excited, abetted and promoted the coalition of foreign 

'j>ower5, for the exprefs purpofe of bringing a combined 

srmy of Bo, 000 men^ againft his cwn republic,- S'vlth 



OF KING CHARLES i. 3X9 

the direct objeftive purpofe of its everfion : -and i^jji^ 
paid 3000 forces, or the Swifs guards at Goblentz, in 
that army while in aSfual invufton, be was guihy of 
XxtTiioviy Traditionis Reipubliccc reus. Now the national 
Gonventiofi of 750, was aifembled from the 83 commu-i 
nities, into which France had been regularly and con- 
ftitutionally partitioned, and by them exprefsly and in- 
tentionally charged and empowered to three important 
works. — I . To form a conftitution for the public recep- 
tion and ratification. 2. In the mean time, upon the 
voluntary dilfolution of the national alfembly, to take 
the whole government, the national defence, the whole 
adminiftration, civil and military, into their hands. — 
And, 3. To judge the King. They were a new tri- 
bunal indeed, and very differently modified from any 
before ere6led on earth ; but certainly, if twenty million 
people could regularly elecf, legitimate, authorize and 
empower one, this was juftly and legitimately vefted 
with this auguft power and authority. Its regularity 
and authority cannot be difputed. It was doubted but 
by few of the members themfelves. The only remain- 
ing queffion then is, whether they jtidged right, whether 
they did juliice ? All the world pitied and compallionaf 
ted the mild and clement, the misguided, the unhappy 
Louis. But what faith, not compaHidn, in the ears of 
Judges, butjuitice? Did he, or did he not, thus be- 
tray his people ? Seven hundred men examined the evi- 
dences, and pafTed fentence upon him. Perhaps thirty 
or forty were intimidated and awed by the populace, or 
the Mountain ; but 700 were unawed V they ireely co- 
incided with the very general fenfe of the nation, pan 
we fuppofe they were all devoid of wifdom, or To blind- 
ed with pallion, as to be unable to judge on the eviden- 
ces of fads r No profound law erudition was requifite ; 
but if To, thfv had it : they embofomed a tre:ifury of 
law, v/ifdom, and criminal jurifprudence, in t-liat illuf- 
trious aiTembly. It is impoliible to conceive 700 meti;, 
upon deliberative enquiry, unanimaus in judging a la6l> 



2^0 HISTORY OF THREE OF THE JUDGES 

unlefs they faw the evidence. The inftance is not to be 
found in the hiftory of man ; it is impoffible. Nor did 
the King's defence deny the facts, but eluded theni 
by afcribing them to his miniftry, though his own fig- 
natures were fuliicient. Could he hav^ fhewn he had 
not been privy and knowing, and by his own overt and 
real a£ls confenting to and approving his miniftcrs, he 
would have flood acquitted, approved and vindicated, 
by that aliembly, and they, and the fympathizing re- 
publican vvorid would have rejoiced. But after a fo- 
lemn enquiry and deliberation, the queflion was put, 
*' lb Louis guilty, or not guilty of high treafcn, or in 
other words, of confpiracy againft the liberty of the 
nation, and of attempts againft the general fafety of the 
ftate ?" Of 735 voters, of which 42 were abfent, 6g^ 
voted for the affirmative, and fentence was accordingly 
announced, ^' guilty." Such a concurrence I thinfc 
impoifible on deficient evidence. " I know, faid Gf- 
felin, thiit Louis paid his guards at Cobientz ; I do 
therefore pronounce him guilty." Said Lafource, 
** Louis mufi: ekher reign, or be put to death. I vote 
for death." Said Anacrarfis Cloots, " In the name of 
the human race, I vote for the death of Louis." Tho- 
mas Paine, *^ I vote for the provifional confinement of 
Louis, and for his expulfion after the war." This w^as 
humane and compairionate, the other jufi, though ftrixSl 
and rigid juflice. It would have been humane and 
compaffionate, it would have been magnanimous and 
fafe, to have found him guilty, dethroned^ and pardon- 
ed him, and out of refpedl for a family they had honor- 
ed lor ages, and in pity to the mis-ffep of an embar- 
raifed, and otherwife clement and jult King, to have 
fettled upon him a pen Hon of j^50,6oo a year, turned 
him loofe among his brother Kings, and left him at 
liberty to dwell in France, Germany, or any other 
part of Europe ; and rifque his ftirring up princes, who 
could have done no more with their united firength or 
impotence, than they have done, and that moll aire<^- 



._ ^_ OF KING CHARLES, I. ^2^ 

h/f to this only good pui-pofe, of -accelerating the eman^' 

cipation of nations, the humiliation of Kings, andtfe 

-downfall of Kingfnip, throughoat Europe, ' :.•; 

After the abnoil unanimous vote of ** guilty," the 
qucilion of puniilimeat arofe : and after a difcuflion in 
an airembiy'of 722 voters preient, befides others who 
voted variGufiy, :^ 19 voted for iiriprifonment and ban- 
-ifhnient, and 366 for death ; and of the other '34., atl 
but two for, death with delay. Finally, of 748 meni- 
'bers,. befides thofe Tvho were abfent, and thofe who 
did not vote, 310 voted for delaying execution, and 
3^0 againil delaying it. The fentence was executed, 
and the King was decapitated January 21, 1793. 

We ought to view things in^ a j\ift and candid light. 
It is a gi-.2at riling 40 fee through an enterprize, and to- 
anticipate confequences. The truth is,thiit Louis was of 
lenient ipriaciples in government, and was difpofedto 
yield to his fubjeds a rational and lefsdefpotic govern- 
ment than that of his predeceiTors, and to come into ^ 
plan and meafures which would ^irve -fsitisfa^lion to his 
fubje<51:s. Whether this was owing to his con.templa- 
tion of theabiirad .principles ot government, fo lib.^ral- 
ly difcuiled in the 'prefent age, to his view gi the com- 
paratively happy government o-f Ei^gland in hisiviciaitf^ 
or to the principles ol the American r<3\'olution, or t^ 
all thefe collectively, fo it was, that he wiOied to be'-aa 
Antoninus, and to govern with lenity and wifdom.— 
There was a time when Louis XVL and the Emperor 
really had thefe beneficent ideas, and were endeavoring 
to carry them into execution in the happy amelioration 
of their refpedlive governments. The difficulty of en- 
tbrciiig the r^giderhig of royal ediSis in the parliaments- 
of France, and converting thefe, like the aritient im- 
peratorial edifts, into laws, ufurping upon and fuper- 
iedingthe-aittisnt7«i- f/f/Vf, and giving efficacy to law's 
di<Etated by the will of the prince, appeared to him fa 
^biirary, as to induce liim to adopt a method n\ whick 



322 HISTORY OF THREE OF THE JUDGES 

the laws (liould infa£l be founded in deliberate wirdoiii 
and confultation of the n:iinds of the public, and that ia. 
efFe6l the public iliould have an efE-cacious (liare in the 
general polity. This by the advice of patriots he thought 
might be accomplifhed by convoking the old aiTerably 
,of notables, or more confpicuous and influential perfon- 
ages of the third eftatc of the commons, as Vvell as of 
the nobility and dignified clergy. Neckar perfuaded 
him that with refpect to finance, taxes, revenues, and 
the principal general laws and rules of adminillralion, 
this would give fatisfa-ilion ; though herein he misjudg- 
ed. Thereupon the King ailembled-the notables, and 
conftituted a national council of the efficacy of three 
eftates, the King, the "aridocrats, or nobles, and digni- 
fied clergy, and the tiers et'it; or third eflate of the 
commons. Immediately they were difpofed, inflead 
of an amicable confuhation, in the firit inftance, to 
throw themfelvcs into true balancing bodies, the nobi- 
lity, the clergy and tiers etat. If they fat in three cham- 
bers, the nobles and clergy would always out vote or 
controul, and the others become fubfervient and over- 
rided cyphers. Here the feparation of the nobles and 
plebeians begun. Both divilions contained ecclefiaflics 
and civilians ; moft of the dignified ccclcfiaffcics took 
iide with the nobihty ; fome of the nobihty laid down 
their honors, and in equality took fide with the third 
tflate. 

Before I proceed, I will colle£l and throw together 
feveral difconneded extrads from the hiflory of the 
French revolution by Rabaut, and its continuation 
which, under different afpefts and applications may 
cafi: light on the feveral events in the great political pha;- 
nomenon of France at the prefent day. 

** In fa61:, what an aftonifhing combination would 
a minifter, nay a monarch, have had to encounter, — ■ 
Sixty thouj and nobles y poffeffed of all the connexions of 
the feudal fyftem, and that hoji of dependents which was 



©F KING GHARLES I. 323 

fed by them : thofe of the military profefTion, all noble, 
or what is ftill worfe, pretending to nobility : a hmi'^ 
dred thoujand privileged perfons all leagued to fiipport 
their prerogative of not paying fuch or inch an import ; 
"^Pwo hundred thoujayid friefts, unequal indeed as to in- 
come, but all uniting in one common fyftem, forming 
but one whole'' : — ^^Jtxty thoujand perfons leading a 
rnonafiicXxi^'. " — \!\\Qfarmers gcnerrd^ '^\i'ik\^ agents of 
the revenue, with their army of fifty thoiifand men" — 
** finally all thofe belonging to the long rohcy thofe par- 
liaments, rivals of kin;i^s": — ** the inferior courts', which 
w'ere in iubordi nation to the parliaments ; and that 
fwarmof pra^firioners, who all taken together, levied 
a tax upon the kingdom which imagination is afraid 
to calculate. This formidable mafs of men was in the 
poffelTion of all France : they held her by a thoufand 
chains ; they formed, in a body, what was termed la 
halite nationy all the reft v^as the people. Thefe are 
the perfons whom we have fmce fecn uniting their voi- 
ces and their clamours againit the national aflembly ; 
becaufe with a refolution unexampled^ it hath fupprell- 
ed all the abufes on which they depended for their ex- 
i(fencb/'t 

The people, the nation, demanded dates general, 
which (liould not be vain and illufive, like thofe of 
which hillory made miention. This whole hoft of 
arilfocratic and crown connexions, wifned no fuch 
thing, but if it muft be convoked they '' were def^rous 
offtateS general fimilar to thofe which had fit irl 16 14." 

** But the third eftate, that immenfe portion of an 
enlightened and celebrated nation— took fire at being 
afiiniilated to the commons, newly enfranchi fed in the 
rdgn af Philip le Bed, and at the attempt to reftri6fc 
them in 1788 to forms eftabliihed for the clowns and 
demi-ilavesot 1302." 

** 'A confiderable number of military officers, whs 
t Rahaiifs Hifc.Revol p. 43. Amer. Ed't, 



324 HISTORY OF "three OF THE JUDGES 

had affifted at the revolution of the United States, had" 
brought home with them an indelible remembrance of 
the charms of eqijality ?nd liberty, which they had be- 
held in a natiopi of brothers. Thefe men who were all 
nobles, had learned tojudgeof the vanity of fiichatitie, 
when compared with that of citizens." 

" The notables were for the mofi part, either prin- 
ces or nobles, or perfons in high office." 

The council decreed ^* that the deputies of the ftates 
general fhould amount to at leaft, the number of one 
tlionfand : — and tliat the number of the third eilate, 
Ihould be eqrjai to that of the two other orders taken 
together. Thefe deciilons formed the bafis of the con- 
vccations." ** The coalition of the two firft orders with 
the court was well known." It was the determination 
of thefe, at the fird meeting of the flates general, that 
they ihould fit aiid a6l in three different chambers, and 
that the crown, with the two fuperior chambers of the 
nobility and clergy, fliould controul the Vvhole, and 
thus reduce the third eilate to a cypher or tame and fub- 
miffive acviuiefccnce. The third eRate, refoived a- 
gainft infignihcance, immediately infilted on equality. 
An altercation arole, which Neckar v/iihed to have 
avoided, hoping that all m.ight acquiefce in fome mo- 
difications, very immaterial to h.im, previded in fome 
manner or other their unitedHvifdoui could bring them 
tn amicable agreemeiit in the objeit of their convoca- 
tion, a reformed fy.'lem. oF tin ance and lav/s, agreeable 
to the general fen fe of tlie nation collcdiiveiy. But 
this he could not effec):. And as the tvvo fuperior or- 
ders perfitced in their fuperierity, the commons or 
third eftate, deemdng themfelves the true and real repre- 
fentativesof the people, and fo of the body of the na- 
tion, came to an ahnoil: unanimous refolution, to ere6t 
themfelves into the national council, and to declare 
themfelves, inflead of thtes general ** the nation.il- ai- 
fembly." This was done by June 1789. Tlsus 
France in'oneday loH: the ilates general-, and tlie thir'S 



J, 'OF RIl^ CHAPttS 1. . 325- 

eftate became the "national aiTembly." ■ ImtncdiateJ^ 
the chamber of the clergy, by a majority of one hun-r 
drc'l and forty-nine voices againlt one hundred and 
tvventy-lix determined to join the afTembly as equals, 
aiid*a union of the orders feeraed probable. The King 
afFe61ed to favor it ; but allerabled troops. ** On the 
2othofjune three days after the national alTembly had 
been conllituted, the members of the clergy were to 
join it." Court meafiires were taken to prevent and 
elude this: and on the 12th July about three weeks 
after the formation of the affembly, Neckar, not fuf- 
iiciently coming into the idea of the two fuperior orders, 
wasdifmiiTed and retired to Switzerland. He forefaw 
the fanguinary meafure refolved on at court i>i which he 
would not be concerned. The ailemblage of the mili- 
tary force at Verfailles by the King, alarmed Verfailles, 
the- national alTembly, and Paris. It was intended to 
difpatch a number of the patriots to the Baftile, and to 
difperfe the national allenibly. This was the court 
politics. Sixty thoufand Parifians deftroyed the Baftile, 
and the national aiTembiy was in fafety. The alfembly 
framed the conftitution, made the diftribution of the. 
realm into eighty-three communities, abolifhed the 
feudal tenures, and the whole was ratified by the King's 
•acceptance on the 4th of Auguft. 

The policy of one or three Orders was difcuiied.— 
Whether the national affembly fhould confift of two or- 
ders or one, was the quefiion. ** The equilibrium of 
three povver?^, wliich balance one another, and prevent, 
the encroachment of any one upon the refi:, became thp: 
object of admiration. But thofe who favored the idea 
of an undivided aHembly, conlidered this equilibrium, 
in the conftitution of England, no odierwife than as a 
treaty of peace between three exifting powers. "The 
dignified clergy were inclined to two chambers" — '* A 
large party of the nobles was likewile for the two cham- 
bers : but the queftion concerning the peerage prefented 

C G 



32^ HISTORY OF THREE OF THE JUDGES 

itfeir, and they became divided ; for the provincial no- 
bility underftood that the whole order fhoiild freely ap- 
point its reprefentiitives, while the nobles of the court, 
were fecretly indulging the notion, that the dignity of 
the peerage oiight to be appropriated to ihemfelves." 
'* The naajority of the deputies of the commons could 
fte nothing in the upper chamber but a conititutional 
refuge for arillocracy, and the prefervation of the feu- 
dal fyftem." A majority of the clergy, and forty-feven 
of the nobility had joined the commons in undivided 
unity and equality. "Neither did any fufficiently 
comprehend the fyllemof a fenate for life, compofed of 
perfons taken from every clafs of citizens ; — nor of a 
ienatc appointed for a itated time, and fele6ied from the 
•whole aiTembly." In fme, the ailembly decreed, by a 
majority of nine hundred and eleven voices againil eigh- 
ty nine, that there lliould be no more than one cham- 
ber. It decreed moreover that the legiilative body 
ifliould be renewed every two yeai's by eledtions." Thus 
mnch for the conftiuition. 

Among other regidations, was that refpe6ling the 
fecularizing of theccclefiaftical eftates. It was "de- 
creed that the eccleiiaiHcal edates were all at the dif- 
pofal of the nation, fubje£t however, to the charge of 
providing in a proper manner for the expences of public 
worlhip, for the maintenance of miniilers, and lor the 
relief of the poor. It was ordered that no parifh mini- 
fter lliould have lefs than tv/elve hundred livrrs a year, 
exclufive of the houfe and gardens annexed to that par- 
fonage. This celebrated decree palfed on the 2d of 
November 1789." " The ecclefiaftics accufed the 
national ailembly of an intention to deiiroy religion." — 
*^The aifembly difconcerted this confpiracv, by mak- 
ing conflant proteitation of its union with the pope, as 
head of the chriiiian church, with regard to fpiritual 
concerns, and of its fidelity to -the religion of our fore- 
fathers." *' The ailembly at length decreed that its 
5ittachment to the catholic religion of Rome could not be 



OF KING CHARLESI. 1527 

called in queftlon, at a time when that worfiiip was 
placed by the aiTenibly at the head of various articles of 
public expence, and that the majedy of religion, and 
the profound refped due to it, did not allov/ of its he- 
coming a fubjed of debate, fince the. aifembly had no 
power over confciences." ** It had fufpended the mo- 
naftic vows, it finiOied with fupprefiing them, . and fix- 
ed the m.odeof treatment to be obferved wdth refpe6lto 
thofe who had belonged to any of the religious commu- 
nities," by providing penfions for life. Thus far from 
St. Etienne. 

ExtraSis from the Continuation of the HiJ}. Revolution, 
V. 2. P. III. 

*' The extreme point on which the two parties dif- 
fered, was that of pure democracy on the one part, 
and the inftitution ot an upper chamber, fimilar to the 
Britilh houfe of peers, on the other. Such an inflitii- 
lion, as a remnant of ariftocracy, was regarded by the 
French, with almoft as much abhorrence as abfolute 
monarchy itfelf ; while the eltabliibment of it was con- 
lldered as the great objedf with the court, as a pielimi- 
nary Hep to the annihilation of liberty. The middle 
party was Hill numerous ; and it was judged that there 
were many who might fecretly incline either to the 
court or the republicans, who would be well difpofed to 
facrifice foraething of their prejudices to the prefervation 
of peace and order," In this flate of minds in the na- 
tional ailembly, Lamourette, the patriotic biihop of 
Lyons, by an inftantaneous impulfe and without con- 
cert, fuddenly propofed to the aifembly, " Let all who 
hold in equal deteftation, a republic and two chambers, 
and who wifh to maintain the conftitution as it is, rife !" 
The whole aflTembly rofe from their feats. This fhews 
two things on which they were as yet equally unanimous : 
I. In having a King. 2. \n reje6ting a fecond chamber 
— adhering to an eledive afiembly of one order only, 
w ith a limited monarch at its he-ad. All were recon- 



3^§,, HISTORY OF THREE OF THE JUDGES 

ciled,;,' "and had the King continued faithful io this ex- 
periment of the public mind, aU had been vvell. This 
was tlie beginning or 7lh of July, 1792, Yet in the 
courfe of thib month, the public, either \vit:h or without 
reafon, became extenfrvely. impreifed with the idea of 
the iufinceriry and duplicity of the King, and that he 
vvas in fa 61 in concert with the combined fovereigns, 
V. hofe obje6> was nothing lefs than the reftoration of the 
King and former government. This was heightened 
by tlie tranfadion of Fayette. And huiii forth from 
the national people in the bold declaration of Petion, 
mayor of Paris, on the 3d of Auguft, at the bar of the 
aifcmbly demanding the depofition of the King The 
die was caft. This was followed and fupported by fuch 
numerous petitions from every part of the nation, as to 
leave it without a doubt that the body of the nation were 
heartily weaned from not only Louis X VI. but the very 
idea oi a King, and that the general voice was that their 
policy lliouM be a national afiembly of one order only, 
Avhole head fhould be temporary Prefidents, but with- 
Crtit a King and without a nobility. • This was the mind 
of France, and has continued fo to this day. 

Xhc following decree thereupon immediately pafte^.". 
*' The national allembly, conndering that the warit of 
cor^fidence in the executive power, is the caufe of all 
our evils, and that this want of confidence has called 
forth from all parts of the kingdom, a wifhthat fhe au- 
■thority entrujled by the conflhutlon to LsuisJJjouId be re- 
vjhd^ and that the only means of reconciling what they 
pv/e to the fafety of the people, with their own oath, 
' cf net ihci-egjing their own pow3r, are to fubmit to the 
ibvctei^n will of the nation, decree (among other things) 
** 1. The people are invited to form a national conven- 
tion. 2. The executive power is prov\{ion2l\y fujpefided.'* 
^ And Auguft 13, ^* The national alTembly declares, that 
' the King is fufpended ; and that both himfelf and fa- 
mily remain as hoftages,'' And on the fame day the 
national allembly proclaimed the convocation of '*a. 



OF KING CKA-RLES I. 329 

national convention, foraied of rcprefenlalivc?, invefled 
by them (the people) with iinliniited powers.'"' On the 
aid of September, 1792, the national aiTembly diiTol- 
ved, and the fame, day the national convention afTem- 
bled from the 83 communities into which France was 
divided, convened, the monarchy ceafed, and the re- 
public commenced. This from the continuation. 

Returning and afTuming the fubje6t we were upon 
before wc infcrted thefe extrads ; the firft political 
convocation of the dates general confificd of 1200 mem- 
bers. The nobility 300, the clergy 300, the tiers etat 
6do. It was the immediate and original intention of 
the two firft, that the ftates general (hould fit and a£l 
in three feparate chambers, and that the concurrence 
of two fliould be the a6l of the whole, fubje6lcd how- 
ever to the veto of the monarch. It was from the be- 
ginning the intention and refolution of the lafl and mod 
nemerous, that all fhould Rt, deliberate and a6t together 
as pares or equals ; and that the majority of votes in 
this coalefced body, iljould be the public a(5i. This re- 
duction of the nobility and dignified and ennobled clergy 
to an equality with the commons, was difpleafing. — - 
And an altercation immediately arofe en the queftion 
whether they fhould (k in three cr perhaps two cham- 
bers, or be confolidated into one coequal and fraternal 
" body r At length above half the ccclefiaftics, and a part 
of the nobles renounced the«- claim? of fiiperionty, 
came over and joined the thiroeftate as coequals. And 
thus the national alTembly was formed. 

The conteft had arifen, which Neckar could not 
com^pofe, though he v/ifned to have avoided it; and 
the commons were determined to proceed by themfelves, 
and not to be loft in balancing commixtures. The no- 
bles, both fecular and ecclefiaftical, were divided. The 
king had not foreieen this ftate of things. It was now 
too late. There was no alternative between a very 
new andpc'.cnt inftucnce in governm.cnt, and bregkirsg 
• .. . C c ^ 



33° HISTORY OFT KREE OF THE JUDGES 

up of •the commons, now already joined by Fayette and 
a number of the nobles and biliiops, and other ecclefi- 
adics, Vv'ho with rerpe6l to the nacionai council openly 
declared for an equality of nobles and commons ; an 
equality as to eligibility into the national council, w'^s 
the only equality ever aimed at by France. The Baf- 
tile was defliDed to have decided and determined this 
alternative. For this purpofe the King, whofc other- 
wife benevolent and well intentiojied heart, now re- 
pented him to have convoked the dates general, now 
terminating, in a national afTem.bly, acceded to a cruel 
idea : and as he was not prepared for thefe lengths, he 
adopted the idea of a diffolutionof the affembly by force j. 
and ofrefuming the old government ; doubtlefs deter - 
mining ftill toadminilter it with the utmoil: lenity and 
juflice. This millalce le4 the King fecretly to call 
arcund him and cclie6t the Svvifs guards and a military 
force at Verfailles, and to i- cede to the fevere difci- 
pline of the Ballile for a nuiTiber of the patriots in the 
aiTembly, fufhcient to break up and difperfe it. Rather 
than go to the Baitile, to which they perceived they 
were defiined, the patriot leadt-rs in theaikmbly, with, 
the vocifci-uus concurrence of the citizens and populace 
of Paris, itifolved upon fei-zing the perfonof the King, 
Tlie people flew to arms, and led by the illuftrious and 
hitherto patriotic Fayette, who had voluntarily facrificed 
his nobility, they, undjUf his leading, feized the King, 
brought him to Paris, and imm.uredhim. and the royal 
famiiy in the Thiiillcries. The national afTembJy form- 
ed a coniiitution, which was eftablilhed. It was pre- 
fented to the King, and his confent deforced or gained^ 
henceforth to rule the realm by a King, with ftill very 
■great powers, though much abridged, and an ele61ivc 
national airemb:y of one order only, in. which nobles 
and commons reduced to equality, fhoukl lit ^n the k- 
giilat-urc as pares or equals, and the whole realm in fu- 
lure, as one great republic, be governed by laws pro- 
ceeding: from this aifcmbiv. This v/us pcrfcdlv me 



^ ' OF KING CHA?JLES t. j^.§t 

idea and idol of the Marquis de la Fityett^. But tHe- 
body of the noblelTe and the royal princes and connex^ 
ions, endeavored to coiintera6l and break up this fyf-* 
tern, and prevent its taking effect: ; and imaiediately . 
applied to the emperor and furroundin^ Kings to bring 
on a combined army, with a view of reitoring the ori- 
ginal government, and replacing the King on tne 
-throne wqth his former authority, or perhaps with a 
-national affembly of two houfes, that of the nobles and 
that of the tiers etat. England would have rejoiced 
in this, becaufeit fo nearly refembled their own confii- 
ftution ; and the emperor would not have been averfc 
to having fucli an example fet before Auitria and Eu- 
ropCy for there was a time w/hen he was really friendly 
to the liberties of the people and the rights of fubje£ls. 
But the burying and overwhelming the nobilityand arif- 
•tocrats in an ailembly of one order, they could not en- 
-dure, 'And at all events the King determmed upon the 
-eveiflon and ruin of the Gallic republic 

In this the King concurred in heart, wiihed to get 
from confinement, while it was accompliihed, favv a 
.profpe6t of its being accomplifned by the combined 
army, attem.pted to efcape and abdicate ; but was ta- 
ken, and in efle^l pardoned and reflcred, although by 
the conftitiition, this attempt to efcape was a forfeiture 
of his crown. Being reftored to his former (late, here 
he m.ight have relied. But a powerful army flanering 
and cheriihing his hopes of ultimate fuccefs, he fiuTered 
himlfeif to be afterwards guilty of betraying thecaufe by 
the overt a6ls of concerting with -he Kings and foreigti 
cabinet?, and the cidevant prince:;, :;iid by paying a 
' corps' in the army of actual layalion. This bv;ii}g de- 
te£'ted, what co!;]d lave him ? This was his error, and 
it \vas tatal to a King w^ho wiibedto rule with clemency 
andjuftice, but wh'-fe abilities, dilcernment and vvii- 
dom, were unequal to lb cridcal and momentiious ^ 
iituation. 



2yZ HISTORY OF THREE OF THE JUDGES 

Fayette and other patriots, feeing the nation aliena- 
ted from the King, and ripening for a government with- 
out a King, found their views of Hberty were tranf- 
cended : and fixt in the impoiTibihty of a polity without 
a King, now turned about, and in effect united with 
the ci-devant princes and foreign Kings in the proje6t 
of fupporting a King at all events ; but with very differ- 
ent views. The ariftocrats were for recovering the old 
government ; Fayette and the patriots for keeping in- 
deed the King, and believing they could modify the po- 
lity, and accomplidi the acquiefcence of the nation in 
a royal republic of one order, with a King at its head ; 
while others went for a tripartite divifioii of the realm 
into three republics, confederated under a national af- 
fembly fiill with a King ; among thofe for an indivifi- 

=^ble republic, fome \yere for a balance of nobles, either 
hereditary or eie(51ive, perhaps compofed of both, be- 
tween the King and third eltate. Thefe various ideas 
fecm to have been among thofe which agitated and di- 
vided excellent patriots, as well thofe who were not for 
a King, as thofe who were for one. Thefe are faid to 
have been among the ideas of Condorcet, Autun, Bo- 
veau, and other genuine patriots, as concurring in a 
republic without monarchy, though differing on the 
form of a republic. In this diverfity of views, -fome 
mud: give way to th^t any one polity which ihould in 
facl prevail and gain the afcendency. No wonder Fay- 
ette and other excellent patriots fhould take miftaken 

• 2nd involving fleps. To fave the King, he entered 
deeply into the fecret councils of the King and the royal 
family, and iq, far aded in concert with them", as to 
become obnoxious and really dangerous to the prevail- 
ing counfels of the exiaingalfembly , tenacious of a re- 
public one and indivillble. , His attempts to fecure the 
King's fecond efcape, with fpeeches and conducSi: offen- 
five to the Jacobin Societies, which he at iirll: fet up, 
a fyilem of fraternities now diitufed through the realm, 
the great conferyators of liberty, and aiiuming great 



OF KING CHARLES I. 335: 

liberties in announcing and di£lating to -a hationit ^af- 
fembly, very v/illing to be dilated and fupport^d by 
them, broMglit on a crifis dangerous to Fayette, who 
him (elf efcaped and was unfortunately taken. His ideas 
for monarchy, which I once learned from his own lips 
in a perfonal though tranfcient acquaintance and con- 
verfation with him, were fo fixt, that, although asfixt 
for a republic of one order arv.1 equahty, and e!e<flive,. 
he could not proceed and go on with his compatriots, he 
mufb counteract them ; and until he could get over his 
ariifkken idoa about a King, he md\ become totally 
ufelefs and unfit to take a fart in meafures which muft 
unavoidably be profecuted by a body weaned fromi 
Jvings. Fayette was loft to the caufe of liberty, v/hich 
he adored, and died a martyr to the whim of a ^King. 

The ftate of the King's mind was fuch, and fuch his 
]a^ive fecret views and coincidences with the enemies 
of the republic, that he became unfit for the monarchy, 
they would have all acquiefced in, could the nation have 
ilepended upon the King's fincerity. But all confidence 
in him was loft. This gave birth to thoughts and de- 
.vices how he fhould be difpoled of, and laid afide, as- 
ht was now ufelefs and dangerous. The nation were 
,% this time polfeifed of evidence of his not only pre^ 
meditated but overt J-reafon. They did not want to 
take the King's life, could they have avoided the dan- 
ger of hisintriguiflg with the combined powers without 
it. But this they thought could not be done. And as 
there was not clearly a provifion in the conftitution, ex- 
cept in the cafe of an abdicated King, they refolved to 
call a national convention to decide the queftion-of the 
ICing, perfe61l the conftitution, and take the govern- 
■ment upon them. To this convention as foon as form- 
ed the national afieaibly furrendered the Vv-hole, and 
ditiblvedthemfelves. The convention, vefted wkh ail 
-tl^ authority twenty million of ptople can give, have- 
adjudged the King, and the juftice of their fentenceis. 
saw committed to pofterity aiid to the world. 



334 HISTORY OF THREE OF THE JUDGES 

It may aflifl us towards conceiving aright, and with 
fairnefs and candor upon great pohtical tranfaftions and 
events, to contemplate jfimilar events in different ilates, 
and the operation of human nature under f^milar cir- 
cumftances. Such are the fellow feehngs, fiich the 
fraternal fympathy of repubhcs in diftrefs and in the 
^'onfli6l for hberty, and fuch the inflrudicn and con- 
folation, which arife in, contemplating the meafures 
which preiling neceility di6lates, that thefe reflexions 
on the French revohjtion feem not inappofite to the 
cafe of the Judges. And it may ftill furnifli hght, to 
look a little further back upon the origin and progrefs 
of regal defpotifm in France, as that has had its opera- 
tion on the crown of England, and brought on the par- 
liamentary ftruggle of 1641. 

The Kings of France difcontinued the national af- 
femblies of the ftates generals fo long ago as the begin- 
ning of the lafl century, and ruled without convoking 
them for one hundred and feventy years ; with a grow- 
ing encroachment on the parliaments, to the total abo- 
lition of liberty, and the eftabliiliment of rule by royal 
edidls, regiflered in the parhaments by royal violence, 
and enforced by banilliments and the omnipotence of 
the Baftile ; until at length the endurance of the public 
was ^xhaufted, came to a crifis, and buril: forth even 
in the reign of an otherwife beneficent King, and 
obliged him, as we have feen, to convoke an alFembly 
of notables, for the purpofe of allenting to taxes and 
revenue laws, and fome general regulations for the pub- 
lic good, and no more ; and then to bedilTolved. But 
the aifembly of notables, like that of the long parlia- 
ment, inilead of voting taxes and doing no more, went 
upon other miatters than the King or his miniffry in- 
tended. The King faw his error, and meditated their 
diliblution. E-.it it was too late. He had fhewn the 
people, or nation how to alfembk by reprefentation. — 
Thefe reprefentatives refolving not to be configned to 
the Baftile intended for them, commenced the uncon.- 



OF KING CHARLES I. 335 

ftitalional, but juftiiiable exertions which have termin- 
ated in a republic. 

The Kings of France had difcontinued thp national 
afTemblies from 1614. It is proper to remark this date 
or epoch. This example had not been fet before the 
houfe of Tudor : but it was recent and in full view of 
the houfe of Stuart. James I. felt it, and difcovered 
his longing after the fame boon. Charles I. emula- 
ting and avidous of the abfolute power and defpotifm of 
the houfe of Bourbon, firtl adventured in imitation of 
France, and but fifteen years after the houib of Bour- 
bon had fet the example, to difcontinue parliaments, 
and had the temerity to adventure to rule without them 
for twelve years : and could he have difTolved and broken 
lip the newly convoked parliament of 1641, England 
would have loft the uk of parliaments forever, as 
France had loft the aiTemblies, and Spain the ufe of the 
cortes : unlefs relumed and wrefted out of royal hands 
at theexpence of a violent and bloody revohition. The 
then recent examples of France and Spain, in their 
Kings getting rid of the controul of national councils, 
made an indelible imprellion on the minds of the Stu- 
arts, vv'ho meditated and afpired after nothing lefs for 
England ; and they never believed but that they Qiould 
finally accomplilh it, and eftabhfti an uncontrouled def- 
potifm. They were miftaken. The convening the 
parliament of 1641, as of the national aifembly of 
1789, brought on difquifitions and convulfions, which 
involved the death of Kings indeed, vv^hile the recovery 
of long loft liberty v/ill juftify the vigorous public exer- 
tions in both cafes. And though many tumults and 
cruel events may arife in the caufe 01 a juft revolution, 
which would be unjuftifiable, and which no friend to 
order, no judicious and upright civilian would juftify, 
but reprobate, in an ordinary and righteous coiirfe of 
government : yet the caufe iifelf, and evsry thing rtpn- 
tlaUy juhjervlcnt to it, is juftifiable on the higheli: prin- 
ciples of public right. The caufe i-s good, tliough it 



336 KISTORV OF TH,REE OF THE JUDGES 

{hould ibmedmes be improperly carried on, and ev€?> 
though it fhould be unfucceisful and defeated. I think 
this collation of the houfes. of Stuart and Eourben in 
point to juftify refiflrance to the Stuarts. 

Pofteri^y muil.jiKige, or rather we may now judge 
©nrfeives, whether the negociation between tiie parHa- 
ment and Charles J. in 164^, and. pacification, was 
then fafefor liberty ? Whether fuch being the delufory 
heart of Charles, that like his fon, he would have du- 
ped the nation, and necelhtated the refuming a future 
llruggle tor the recovery of their rights ? and in a word, 
M^hether it would not have undoubtedly taken effe£l, if 
it had not been for the patriotic and eve:r faithful army ; 
and fo have defeated the end, the juftiliable end, for 
which the parliament had taken up arms ? >^o man 
now doubts it. 

Such was the change in the minds of the patriots 
themfelves in parliament, who herein coincided witk 
the cavaliers and royalifls, all the while m parliament, 
that even Cromwell and Ireton defpaired and gave up 
the caufe as gone, and would in 1648 have acceded to 
terms of peace. Happy was it that at this critical time, 
Ireton difccvered in the faddle the King's letter, which 
informed their certain deftiny, and that of their mofl 
courageous and a£live com.patriots. This with the 
fenfe of the ever faithful army turned the tables, and 
produced {he refolute, the violent and daring, the jut- 
tifiable ref )lution of the army to purge the houfe, and 
by the refiduary parliament toinilitute a high court of 
jiiftice, and bring the King to a triah Liberty and 
the caufe were overthrown aud goqe, unlefs fome effi- 
cacious and extraordinary meafures vv^re adopted by 
enterpriziiig and courageous patriots. EfrecSlual mea- 
fures then oiighit in that cafe to be taken, conf^itutional 
and regular if polfible, otherwife if this was impollible 
as it was, then irreguhr but at all events effe6lual ones 
became judifiable and fo ultimately regular. Such 
nicafures were adopted. And the realbns^of them will 



^,F KING CHARLES I. 337 

jiiPiiry and vindicate the purgatioif bf [-Uuli^ment by vio- 
lence ; the inftitution of the higli 'cc^iirt of jullice by 
three' hundred members Mt, though dcferted by the 
Lords ; and the Judges in the trial and jufi: condemna- 
tion of the King. ** There is but one ftep between 
pardoning a tyrant, and pardoning tyranny .*'t Charles 
was a tyrant in heart, Louis XVL was not. 

In contemplating this fubjedl and its appendages 
compreheniiveiy, and in tb.is variety of views, in the 
lights of the hi/lory of nations, and on the great princi- 
ples of public right, it appears that, in great revolutions 
and national exertions for the refcue and recovery of 
imqueftionable and acknowledged but loft rights, crim- 
inal tribunals muft be inftituted in a different mode 
from that of their ordinary appointment : and that there 
being no alternative between their juflification and the 
furrendry of liberty, they become legal, juft and 
right : that Charles I. for renouncing and ruling with- 
out parliament for twelve years, for levying taxes with- 
out the confent of the people, and for other violations 
of the public laws of the realm, and for levying a v/ar 
againft a legal and regular parliament, forfeited not only 
his crown but his life : that if a King of England was 
now to do what he did, the nation would not doubt but 
ithat he merited death, and would certainly originate a 
•revolutionary tribunal andinfii^l it : and that if neither 
lords and commons conjundly, nor either feparately 
would dare to do it, there muft be fome other manner 
pra61ical and legal ; in which cafe it would reft v,ithi 
the people to do it ; and that almoft any manner of in- 
itituting it, with the general voice of the community, 
would render it legal and authoritative. It is idle, ia 
this age of light, to con^ibat and elude the legality of 
fuch a tribunal by arguments, whofe force will conclude 
in nothmg ihort of an abfolute and certain everlion, 
proilration and furrendry of liberty. In a reviev/ of 
the wholr, tl'is is the fdmrnary refuu". 

t Fo/:t, Ihit. E-roi). 1792, /•. 961. 
' D d 



33^ HISTORY OFT HREE OF THE JUDGES 

1. That the judiciary tribunals in difFerent policies,, 
and in the fame policy in different ages, have been ve- 
ry differently inftituted, while yet any or all of them 
muft be deemed legal and authoritative. 

2. That in great revolutions, and national refcues of 
partial and entire liberty, thefe tribunals, may be and 
have been as differently inftituted, and yet become 
vetoed and cloathed withjuA, legal and plenary autho- 
rity : and that the high court of 1649 vvas fuch a legal 
tribunal. And 

3d. That their fentence v/as righteous and jud. All 
which v/ill inure to the juflification of the Judges. 

• They atchieved a great and important work, and it 
was well done. Four years after this legal expulfion 
of tyranny, a national convention furnilhed the nation 
with Oliver's exctrllent polity, which fubfiiled till his 
Heath in 1658. But fuch was the fatal and miftafeen 
vcrfatility of the nation, that they av^uled not themfelves 
of this noble foundation, fo happily laid, on principles 
which Engliihmen will ever revere and in every exi- 
gence recur to, and ultimately eftabliih. And with 
the downfal and overthrow of this beautiful polity, they 
brought down upon thofe illufcrious heroes, who had 
cnterprizcd the glorious though unnnifned work, and 
.^iverw helmed them v/itii a load of mfamy and reproach 
which a ccnlury and half has not been fulficient to re- 
i-iove, Thus the volcano, deluge and eruptions of 
W'fuviuF. buried in ruins the beautiful Herculaneum : 
whicli after having been loft for feventeen ages, is now 
einergit>g into light and admiration. So likevvife the 
jjrft chriTtlan martyrs were covered with infamy and 
ethnical reproach, until the fourth century gave, their 
?-ncrits opportiinit\' to relieve and ihine vv'ith ^lory ih 
ihc public efrimation ever iince. The republican mar- 
tyrs and heroes of llie twe.-ity years period from 1640 to 
1660, are now in refurrecrion in France, Poland, and 
America , they arc beheld v. ith iprcading eftimation. 



?.?!&GfTftOF KING CHARLES I. 339' 

^nd will In future be contemplatedvvitli juillce and 
veneration by all nations, who in the vindications ot 
their Hberties, will find themfelves neceffitated to have 
recourfe to the fame great, eternal principles of public 
right, which a6luated thefe great patriots. Among 
thefe will be confidered the enlightened upright and in- 
trepid Judges of Charles I ; who will hereafter ga 
down to pofterity with increafmg renown, among the 
Jepthas, the Baracks, the Gideons, and the Wafhing- 
tons, and others raifed up by providence for great and 
momentous occafions : whofe memories, with thofe of 
all the other fuccefsful and unfiiccefsful, but intrepid 
and patriotic defenders of real liberty, will be felefted 
in hiliory, and contemplated with equal, impartial and 
merited jullice : and whofe names, and atchievments, 
and SUFFERINGS will be tranfmitted with honor, re- 
nown and glory, through all the ages of liberty and of 
man. 

CHAP. VI. 

^:i Memoirs (j/" Theophilus Whale. . 

THERE was a very fingular man, who lived and 
died at Narraganfet, whofe hiflory arrefled my 
attention, when I firft fettled at Newport, 1755 ? ^"^ 
upon whom I have fpent much pains in making inqui- 
ries, becaufe he is univerfally confidered there as one 
of the regicides, and I always and uniformly diibelieved 
it. I was told much about him by Jeremiah Niles, Efq. 
the honorable Simon Peas, of Newport, the reverend 
Mr. Jofeph Torry, miniifer of South Kingfton, and 
the honorable Francis Willet, on whofe farm Whale 
lived, and who knew him v.ell. VvHien detained from 
time to time, efpecially about 1758 and 1760, at Nar- 
raganfet ferry, I ufed often to talk with a Mr. Smith 



2if. KISTORY,:.0£ iT-ffRSE GF THE JUDGES 

of ihai,'{VBd5nit}5 vaad :oth£i? aged perfons, wlio kfi^^ 
Whale, and believed him to have been one of the 
liie Judges. They all laid lie came there from Virgi- 
nia, at the beginning of the Petaquamfcot fett]ement> 
which was foon alter Hhilips' War, 165*^, and the 
G:iieat..Sv/2iTrp Fis;ht. But as my bell infonnationcame 
ijom IDtilpiiel WiUet, I' will give feme account of this 
gemleraao^ydi?* ?i:rr. 

Colonel' Francis" Willet, of North Kingdon, 
Rhode- liland, died and was buried in the family bury- 
ing place on his own eflate, one mile north of Narragan- 
fet ferry, February 6, 1776, aged 83. He was de- 
fcended froin Thomas V/illet, the hrll mayor of New- 
York, who died at Barrington, Rhode-Ifland, 1674, 
2gcd64. He came a young merchant to Plymouth, 
1629, was converfant in the fur and Indian trade of the 
whole coafifrom Kennebec to Hudfons River, became 
very opulent, and fettled on a plantation at Swanzey^ 
iiowRarrington, where remains his grave fix miles be- 
low Providence. Being an intelligent and refpe^lable 
j^erfon he went as a counfellor on board Col. Nicola* 
fleet, at the redudion of Manhados 1664 ^ and was by 
him appointed mayor of the new conquered city. He 
owned houfes in New- York and Albany. The Dutch 
lefuming the government. He afterwards returne4 to-; 
hi,i fettlement anddied at Barrington. 

Qnihe ftones athis grave; tli^c is this infcriptioe. 

{Head Slsnr.) (Feop Shne^^''^^^\ 

.... Lyli N Zi\ i 



.. ^'^1674. 

i'A Mer£ Jyeth the Body 
,f'£; &f the worthy 
Thomas Willet, Efq. 

, 1^0 died Aug. the jth, 
v4m::<^j&. 64th year of h'n age, 

:;nV' Anno." 

- He had three fons, Hezekiah, James and Andrew,, 
by his wife Mary the daughter of John Brdwn, \Efq;l 



P^ho was the^ ' 

FIRST MAYOR , 

ij/' New- York ; 
Andtivicedid ' 
Jujiaiii th&ppleicei^*- 



rs?na.UT©F KING CHARLES ^i.Y-BOiaiH J4I: 
Hezekiah was killed by the Indians 16^5. James lived 
en the paternal eftate. Andrew was nrft a merchant in 
Bofton till 1680 : he then removed and fettled on Boftoii 
Neck at Narraganfet ferry and died there 1712, M 56, 
leaving two fons Francis and Thomas, and a daughter. 
Thomas died a batchelor and left the whole family 
eftate to the polfeffion of Col. Francis Wiliet, who 
married and died without iflue. This is the gentlemaia 
with whom I was intimately acquainted. He was edu- 
cated a merchant, but did not purfue com.merce. He 
had a good genius and was a man of much reading and 
information. And fettling himfelf on his paternal 
eflate, being very opulent he lived the life of a private 
gentleman ; he was hofpitable and generous, of excel- 
lent moral, and a very eilimable and highly refpe6led 
characSler. The fine tra6l of Bofton Neck was princi- 
pally owned by the Sewalls and other gentlemen in Bof> 
ton. This with his father's former refidence in Bofton, 
andtranfa6ling bufmefs for thefe Bofton landholders 
and for Harvard College brought him into an acquaint- 
ance with the firft characters at Bofton, who often vifit- 
ed him thro' life, and gave him great public information. 
Once a year thefe gentlemen vifited their eftates and at 
his father's houfe; and after his father's death 1712, 
the management and fuperintendance of thefe eftates 
and of the college eftate, together with the extenfive 
Wiliet family acquaintance fell unto Col. Francis Wil- 
iet, whofe aunts had married into minifter's families, 
Wilfon in Maifachufetts, and Hooker in Conne6licut. 
The Wiliet farm was atra61: extending from Narragan- 
fet ferry northward perhaps one mile and an half in 
length, on the Bav> ^nd about one mile or more eaft 
and weft Jrom the Bay, acrofs to the oblong pond called 
Peteqnam feet, and was the original feat of the great 
Sachem, Ivliantinomy. At the north end of this pond 
and on the Wiilet farm, was fettled Theophilus Wha- 
ley, or '1 heophilus Whale, who came there from Vir- 
gininia, about 1679, or 1680. He affected to live ia 
D d 2 



'^4,2 KIST0RY OF THREE OF THE JUDGES 

poverty an<l obfcurity and retirement : and built him- 
ieif a little under-ground hut in a high bank, or fide 
hill, at the north end or head of the pond, and fubfifted 
by fifhing and writing for the Petequamfcot fettlers.— * 
He wiis foon found to be a man of fenfe and abilities ; 
and it was a matter of wonder, that he refufed to live 
otherwife than in a mean and obfcurc manner. From- 
his name he was early fufpecled to be the regicide ; and 
being queftioned upon it, his anfvvers were fo obfcure 
and ambiguous, that they confirmed his acquaintance 
in that belief ; which I found fixtand univerlal at Nar- 
ragrtufet in 1755, and. which remains itill fo there and 
at Rhode- liland to this day ; awd among the reft,- in- 
dubitable in the mind of the fenfible and intelligent Co* 
lonel Willet, This made me curious to inquire the 
hiftory of this fmgular good old man, as the Colonel 
lifed to call him, and of whom he talked Vv'ith great pioa-^ 
fure, and feemed as if he could never fay enough of 
him. He told me many anecdotes. And whetl^ I; 
ufed to fay that Whalley died at Hadley, he always 
denied it, faying that one indeed of the Judges diedat: 
Hadley, but the other v/ent off to the weft ward, fecret- 
ed himfelf awhile at Virginia, but being in danger there, , 
he fecretly fled and buried himfelf in Narraganfet woods, 
and lived a reclufe life to the end, an<i that this Theophi- 
lus Whale was the man,, notwithitanding the change- 
of the chriftian name, which the Colonel fuppofed.he. 
did defignedly. In confirmation of this opinion, he 
told me many anecdotes. When he was a boy, he laid, 
feveral Bofton gentlemen ukd once a year to make an 
excurfion and vifit at his father's houfe. As foon as 
they came they always enquired eagerly after the wel- 
fare of the good old man : and his father ufed to fend 
him, When a boy, to call hira to come and fpend the.- 
evening at liiv houfe. As foon as Mr. Whale cameiii: 
the gentlemen em'braccd him with great ardour and ■af- 
fection ^ and exprellcd great joy at feing him,, and tr€?at- 
ed him with great friendlhip andTefpeS. .Tigej^rfj^nti' 



?3r OF KING CHASLES t. 24l' 

tfie even! rig together uiththe moftendeaWng familiarity,, 
fo that the Coloriel faid, he never fav/ any gentlemen' 
treat one another with fuch apparently heart- felt cordi- 
ality a-rid refpe^. He ufed to wonder at it, and could 
Rot account for it. They kept flint up irv a' room by 
themfelves, and there feemed to be an air of fecrecy 
about the m^atter. Their interviews were in the everi- 
ingonly, and continued late in the night. J uli before 
they broke up, he ufed to obfervethat one of gentlemen 
would take Mr. Whale by the hand, and tthey walked 
0ut into the lot, and returning, another took him out,, 
andfo all the others fingly andby them.felves. He did 
not know for what reafon this was done. But when the 
gentlemen were gone. Whale always had plenty of 
money. And the Colonel told me that he did not doubt 
but that they all gave him money in this private and fe- 
cret manner. He frequently mentioned the names of 
the gentlemen, and they were forae of the firll charac- 
ters in Bofton about the beginning of this century. The 
Secretary was one, and Judge Sevvall'another. Whale 
never let Colonel Willet know his true^hiftory; but 
comparing this frngular treatment with Whale's mari- 
jner of life, he was convinced, he faid, that he was a 
fecreted regicide. 

' Colonel Willet told me that, in Q^ieen Ann's war, he 
j*emembered a ihipof warcame up the Bay and anchor- 
ed before his father's door. The name of the captain 
was Whale, and he was a kinfinan of Mr. Whale, 
who lived but one mile oft, and made him.a vifit, when 
they recognized one another with the affe61ion of kin- 
dred. After an agreeable interview, the captain invi- 
ted PvTr. Whale to dine with him on board ftiip ; he ac- 
cepted the invitation, and promjifed to comfe. But ypoii 
confidcring further of it, he did not adven tore on board, 
rendering as a reafon, that this was truely his confm^ 
yet he did not know but poflibly there might be iofcie 
fnare laid for him to take him. Colonel Wirict;'^<as 
perfonally acquuiiiicd with this fadl, and indeed il was 



344 HISTORY OF THREE OF THE JUDGES 

known to all the inhabitants around, who tell of it t© 
this day; This confirmed them ail that this was Whal- 
iey the regicide. 

Manv other anecdotes he has told me, and that he 
wrote Whale's will ; tliat he lived to a great age, and 
that he died 104 years old ; that a little before his death 
he removed to his daughter's, about ten miles off, where 
he died and was buried. 

Governor Hutcnin Ton's hiilory was firft printed 1764, 
and Colonel Wtllet foon read it. Dining with him 
f'jcn after, he faid to me at table, ** Tell Governor 
Hurchinfon. I know more about Whalley than he does 
— I penonaliy knew hirn, and was intimatel5^ acquaint- 
ed with him — he hved afid died at Narraganfet, and not 
at Hadley." As I had a correfpondence w'ith the Go- 
vernor, who had fent me his book ; I wrote and in- 
formed him what his friend Willet faid. The next year 
the Governor was on a vifit to Newport, and brought 
with him a volum? of Goffe's original journal and an 
original letter, and (hewed me and convinced me what 
I did not doubt before, ,that Whalley lived and died at 
Hadley. This he alfo iliewed to Colonel Willet, who 
became convinced that Theophilus Whale was not 
Edward Whalley ; but never to his death gave up the 
belief that Whale was one of Charles's Judges,, altho' 
why he Ihould upon changing his name affume that of 
fo obnoxious a perfou as V/halley, was to him a parad-ox. 

I have often converfed with him upon it. And we 
went into the fuppofition that Whale was really GcfFe, 
whom general tradition fpoke of as leaving Hadley and 
going off weftward toward Virginia, and fo from thence 
migln abdicate into P^hode-Illand. But the name was 
an infapcrable diSciilty. I converfed with fcveral of 
the defcendants of Whale at different times for a dozen 
years after, but could get no fatisfa6tory lights. Hutch- 
inl'on left vyitb me for half a year an original letter of 
GoiFe to his vvifc; that I might compare tlie hand wri- 



SOT?. IK 






41^ 



i'lai^.JXl 



WAR^^ICK 



Gov. Greene- , 



W. Green 



s Groove' of 
TheoWhaSe 



E.Greexivtcch 




®F KING CHARLES I. 345' 

ting With fome of Mr. Whale's among the people of 
Narraganfet, where Colonel Willet told me it might 
eafily be found, and engaged to procure me one of his 
deeds. He did not do this'till GoiFe's letter was feiit for 
and I returned it. Since that I have made fundry fruit- 
lefs attempts to fee fome of his writing with his name to 
it : andfo long ago as i'766, one of the family brought 
me a piece which he faid was his grandlather's writing, 
but there was nothing which proved it, and 1 doubted 
it. I did not give up the inquiry till 1785. The de- 
fcendants of all the families fpringing irom Theophilus 
■Whale univerfally believe their anceilor was one of the 
regicides, but concur in it that he never revealed it to 
his family or any one elfe. Colonel Willet ufed to teli 
me of a Mrs. Spencer, about 90 yeai"S old, a daughter 
of Mr. Whale. She furvived 101793. I always in- 
tended to have feen her, but never did. I got her fon- 
rn-law, Qthniel Gorton, Efq. to inquire of her in her, 
Kfe time, who fcnt me word, fhe did not doubt her fa- 
ther was one of the Judges, but that he neverreveaks^ 
himfelftohisfamdly. 

At length turning out of my way on a journey, I vi- 
f^ted, in 1783, Samuel Hopkins, Efq. aged 81, (ii-f 
Weil Greenwich, a grandfon of Whale, and livingon 
his grandfather's farm. He was a man of good feiife 
and accurate information, had been in civil improve- 
ment, a member of alfembly and judge of the court. — 
He freely and readily communicated all he knew.-— 
From his raoiuh I wrote down the following iniormar. 
tion : 

Mr. Theophilus Whale, aiad Elizabeth his wife* 
came from Virginia and fettled in Kingilon in Nanra- 
ganfet. He married bis w\ie in Virginia ; her name 
V'as Elizabeth Mills. Their children were,, 

Joane Whale — ob. aged 60 or 70. 

Anna Whale — ob. (ingk, no iilije. 

Theodoii^ Whale, maiiT i«4 RabfiEt Spencer, oh. ho^ 
fore 1 741. 



3^6 HISTORY OF THRfiE OF THE JUDGES 

Elizabeth Whale, married Charles Hazelton. ob. 

Martha Whale, married Jofeph Hopkins, father of 
Judge Hopkins, and then marrieil Robert Spencer, ob. 
-^773? ^§>^^ 93 — ^^ born i68o, and born in Narragan- 
fet, as the Judge told me. 

Lydia Whak, married John Sweet, ob. 

Samuel Whale, married lil Hopkins, 2d Harrington. 

Judge Hopkins, Ton of Martha Whak, was born in 
Kingiton, January 1705, and is now aged 81, (1785) 
and remembers his grandfather Whale, who died aged 
103, the year he could not afcertain, but it was when 
the Judge was a young man grown, of age 16 or 18. — 
He faid his grandfather talked Hebrew, Greek and 
Latin, as he well remembers often t© have heard him ; 
that he had a Greek bible, which he conllantly ufed, 
and which has been in Judge Hopkins's keeping almolt 
ever fmce, but is now loft, or he knows not what is be- 
come of it. He had a great delire to teach his grand- 
fon, Samuel Hopkins, Latin and Greek when a boy, 
and uied to try to perfuade him to learn it, and did begin 
to initru6t him in it ; and that he wrote much in the 
Petaquamfcot purchafe j and alfo that he was a large 
tall man, fix feet high when ioq years old, and then, 
walked upright ; not fat, but thin and lathy ; — an of- 
ficer, a captain in the Indian wars in Virginia, and 
had been- an officer in the parliamentary army in Eng- 
land. 

Judge Hopkins remembers his grandmother Whale, 
a fmart tight little v/oman, a mighty do61;refs, as he 
faid. She died aged perhaps 70 or 60, and perhaps 
{even or ten years before Mr. Whale, and was buried 
in Kingfton not far from the church. After his wife's 
death, Mr. Theophilus Whale removed «p to Weft 
Greenwich to his daughter Spencer and died there, and 
was buried in Judge Hopkins's lot, where he Ihewed 
me his grave, but cannot remember the year of his 
/death, though he well remembers his attending his fu> 



P3,-- OF KING CHARLES ^r-JfOT^H 34-J 

Eheralarid faw him depofited in^iis grave ;, he was bun ed 
with great refpcdl, a:..d the Judge told me with military 
honors- His grave lies in Weit Greenwich, about fix 
miles nearly due Ibuthwert from Eaft Greenwich conrt- 
houfe and Narraganfej Bay, one mile weft from Eail 
Greenwich hne, and a mile north of Exeter line. It 
has no (tone or monument. 

The Judge told me his chief refidence was at the head 
of Petaquamfcot Pond, at the north-weft corner of Col. 
Wdlet's farm, and that there he brought up his children. 
For his writing for the north Patafquamfcot purchafe, 
the proprietors g:ivQ him a tra6l of land, the farm on 
which the Judge now lives, of 1 20 acres, lying in Weft 
Greenwich, though then a part of Eaft Greenwich. — 
He Ihewed me the original deed, dated 1709, under the 
hands and feals of perhaps fifteen or twenty proprietors : 
Indorfed with an aftignment dated February 20, 171 1, 
to his fon Samuel Whale, by Theophilus Whale, in 
his own hand writing, in which he figned his name 
Theophilus Whale, in good free v/riting, but his wife 
figned by her mark. It was indorfed with another af- 
fignment under it, on the fame deed, by exchange 
from Samuel Whale to Joihua Hopkins, the Judge's 
father ; but Samuel Whale ftgned by his mark. As this 
was the iirft certain writing ot Theophilus Whale which 
I had ever feen, I viewed it with clofe attention, to fee 
if I could recognize the writing of GotFe's letters ftiewn 
me by Governor Hutchinfon near twenty years before, 
but I could not recollecl: a fimilitude. This was afliarp 
running hand ; Gofre's, according to my memory, was 
more of a blunt round hand. 

:■ ; ,5:; 

The Judge told me tlrat old Mr. Whale never wQiild^ 
tslf his true hiilory. The moit he talked about asj.tai 
liinifeif was, that he was of good defcent and education 
in England, and I think of univerfity education ; that/ 
in Virginia he was much in the Indian wars, and an , 
otiicei-',. thaths there married a young wile when he . 



34^ HISTORY OF THREE OF THE JUDGES 

was old, but no tradition that he was ever married be- 
fore in England or America ; that he had fome difficuky 
in Virginia about the diiTcnting way of worlhip, but 
was pernriiited to come away, as Mr. Hopkins exprell- 
cd it, who alfo laid he was a Firft Day Baptiii. For 
the firft years of his living at Narraganfet he followed 
fjhwg m Petaquamfcot Pond — at length weaving, and 
in this he fpent moil: of his life. Alter about thirty 
years his children fettled off and left him alone. His 
wife ufed alfo to make long vifits to her daughters, efpe- 
cially Spencer, and leave the old man to fnift for him- 
felf. He at length was to have a dozen acres of land 
off the Northorp's farm, not far from the head of Peta- 
.quamfcot, who were to build a houfe for him ar»d his 
wife, and he was to keep fchool for the Northorp fami- 
ly. But his wiie dying perhaps about 1715, he gave 
up the project of the houfe and fchool, and went to \\\t 
with his daughter Spencer at Greenwich, where he 
died. His laft vears were fpent in folitude and without 
labour ; yet his body and mind were- found to the laft. 
The Judge cou"ld not recover the year of his death, 
though his age, he faid, was 103 when he died. This 
is the fubftance.of the Judge's information. He faid 
that Joane and one or two 01 the firft children were born 
in Virginia. 

Judge Hopkins further told me that Samuel Vv^hale, 
the only fon of Theophilus, fettled and lived and died at 
So?.th Kingflon, on a farm which liis father Hopkins 
exchanged for Samuel's farm in Greenwich; upon 
which his father r-emoved and fettled on the Whale farm, 
in Greenwich, and Saniuel fettled in Kingfton towards 
Point Judith. He faid lliat Samuel married two wives, 
firii Hopkins, and then Harrington. By the firft or 
Hopkins venter, he had children, fons, fur he fiud no- 
thing of daijghiers.t 

^ M'fs Nclh Hc'zelfon, living 1^9'^, J^^vs Sa;:uiel 
JVhaie had five Jo-ii (lud i\v^ ddngrier'i. 



OF KING CHARLES 1. 349 

SS^^at' }By Hopkins venter. 
Theophilus Whale, "] 

James or Jeremy Whale, vBy Harrington venter. 
John Whale, J 

And that from thefe all the Whales in Narraganfet and 
'Conne6i:icut defcended : and there is a number of families 
of this name, feveral of whom I havefeen and converfcd 
with, but their family information is only general and 
not accurate ; although they all believe their anceftor 
was one of Charles's judges to this day, for none of 
^em have accurately inveltigated the matter. 

Mr. Spencer married two fifters, firft Theodofia 
Whale, and after her death he married her fifter, widow 
Martha Hopkins, mother of the Judge, and mother of 
the wife of Othniel Gorton, Efq. with whom fhe died. 
There was indeed another Whale from Theophilus, 
but not from Samuel. Joane, the elded daughter of 
old Theophilus never was married : yet had two chil- 
•^ren, who went by the name of Whale, Lawrence 
Whale and Mary Whale. Lawrence lived many years 
in Narraganfett, and afterwards went away towards, 
Hudfon's river. Judge Hopkins did not know his birth,, 
"but if then living in 1785, he judged he would be aged 
•QC, orcertainly 12 or 15 years older than Judge Hop- 
kins was, and fo his birth about 1690. Doaor Torry, 
%vho was born OSlober 19, 1707, was well acquainted 
\^ith Lawrence, and judged him 15 years older than, 
l^imfelf, which would bring his birth 1692, which 
ihews Toane of the age of parturition, 1692, aged 15 or 
20 implying her nativity as far back as 1670, or 1671, 
for Elizabeth, her fifter, younger ^han Joane was born 
in Virdniaabout 1672, fhewingthat Theophilus Whale 
was married in Virginia fo long ago as 1670, or before. 
Though Tudp^e Hopkins knew itnot, yet Mr. Northrop, 
of North Kingfton, afterwards told me that Lawrerice 
died before the war I775> ^^^^ Ticonderoga, and A 
E e 



15s ttisreRY of three of the judges 

think was never married, fo that no Whales proceeded 
from him ; "but all the New- England Whales defcend- 
ed from Samuel, of South Kingfton, the only fon of 
Theophilus. Judge Steplien Potter, of Coventry, was 
perfonally acquainted with Samuel Whale, and told 
me that he died about 17B2, aged 77, fo born 1705. 
Yet I believe he M^as of age 171 2, when he made thd 
alignment of his farm, and fo was born 1691, the laft- 
cf Theophilus's children. As we can get no records 
or family writings, w€ are obliged to life thefe deduc- 
tions and inferrences from traditional ages. 

Upon my requeft, Ray Green, Efq. fon of Governor 
Green, of Warwick, fent me this mformation in a let- 
ter, dated September 30, 17 B5 — " The grand-daughter 
Nelly, by Elizabeth Hazelton, a communicative old 
maiden, informs me that Mr. Theophilus Whale, her 
grand-father, was derived of a very genteel family in 
England, and very opulent ; but through fome mis-flep 
he was fuppofed to be difaffeded to royalty ; which oc- 
cafioncd his quitting England and retiring to Am.erica ; 
in a province of which, Virginia, he married Elizabeth 
Mills, and removed to Narraganfet ; having firft had 
two children in Virginia, yoane and Elizeibeth. The 
other children were born in Narraganfet, except Mar- 
tha, the place of whofe nativity is uncertain. Eliza- 
beth, who married a Hazelton, lived to the age of 79, 
and died in 175-. The old gentleman having loft his 
wife and fettled his children, refided the remainder of 
his days with his daughter Hopkins, afterwards Spencer, 
ifn V/eft Green v/ich, where he finifhed his days at 1 10 
years." 

October 29, 1782, I fell in with the aged Mr. Ha- 
milton, aged 86, at North Kingfton, fo born 1696, 
who told me he Vv-as at the funeral of old Theophilus 
V/hale, who died when he was a young man, though 
married, and then aged about 23, fo about 17 19 to 
1722, that he was about too years old, and had fivs 



(5f king CHAFLES I. 3^1 

ffaughters, whom he well knew: and that Mrs. Spen- 
cer (once Hopkins) died at Eafl Greenwich, Auguft 
J782, aged 98, or would have been 98 in September 
1782, that Ihe always enjoyed good heahh, and died a 
Quaker. Her fou fays ihe died 1773, aged 93. 

Col. Wilkt and the reverend Mr. Torrey ufed to 
tell me many other anecdotes of Theophilus and his 
wife. The wife was a notable woman, a woman of 
high fpirits, and often chaftifed her hufband for his in- 
attention to domeftic concerns, and 1 pending fo much 
of his time in religion and contemplation, negiecliing 
to repair and cover his houfe, which was worn out and 
become leaky and let in rain in heavy ftorm^s, which 
«fed to fet her a ftorming at him. He ufed to endea- 
vor to footh her with placid mJldnefs, and to calm her 
by obferving in a ilorm, while the rain was beating in 
upon them, that then was not a time to repair it, and 
that they fhould learn to be contented, as it was better 
than fmners deferved, with other religious reflexions ; 
and when the Itorm was over, and flie urged him, he 
il^'Guld calmly ^nd humouroufly reply, it is now fair 
^iveather, and when it did not rain they did not want a 
better houfe. He was often alked, why he always lay 
on a deal board, and refufed a feather bed ; he replied, 
that a feather-bed was too good for him, for he was a 
man of blood, and ought to mortify himfclf. He led 
a pious, but reclufe and auftere life. He had not many* 
books. This from Colonel Willet. He fometimes 
faid that when he was young he was brought up deli- 
cately, and that till he was eighteen years old, he knew 
not v/hat it was to want a fervant to attend him with a 
filver ewer and knapkin whenever he wanted to w^alli 
his hands. The true charader of Whale remains un- 
known. It is moil: probable that, like Axtel and others, 
he had a comm.and among the guards that attended the 
King's trial and execution, and was very a61ive in com- 
palTmg. the King's dctith. That afterwards, like Lord> 



352 HISTORY OP THREE OF THE JUDGES 

Say and others, he relented and confcientioufly con- 
demned himfeli, thinking he had committed a heinous 
crime aad that blood gnihinefs was upon him, which 
made him go mourning all the reft of his days with for- 
row, contrition and penetential humility. Others con 
cernedinthattranfaaion were afterwards deeply af> 
teded in the fame manner all their days ; while thofe 1 
who are fatisfied the canfe was good, and the fentence ? 
on the King was highly juft and righteous, will as hum- 
biy truft and confide in it that thefe immediate a^ors 
nave long ago lound, at the tribunal of Eternal Juiiice, 
that their heartfelt and fmcere repentance was founded 
m rmfi-ake and niifconception of atrocious w ickednefs 
aiid high criminality, in what was owq of the mod me- 
ritorious a6b of their lives. 

And now that I am colleaing the ffying rumours an^- 
anecdotes concernaiig Whale, I will m this connexion 
bring together fcattered rumours concerning fome others 
—In different parts of the country we come acrofs fly- 
ing traditions and fur«nifes ventilated abroad, of three 
otlier perf ;ns believed by fome to have been aifo Charles's 
judges who fled to America. One was <korge Fleet- 
wood, who was tried, condemned and pardoned, and 
certainly came over to Bofton and lived there in an 
open manner, and died in Bolton. t He, and Whalley 
and Goffe and Dixwell, v/ere unquefiionably of the real 
judges, and thofe four were the only real and true judg- 
es that ever have been known to have come to America, 
it is however believed by fome, that Adrian Scrooped 
who certainly lived at Hartford in Conneaicut, 1666, 
and foen after returned to England, was the real judge 
Scroope. In evidence of which, this is adduced.— Su- 
peradded to a certain inftrument or deed, dated March 
2f, 1663—4, recorded in Hartford records, is an at- 
teftation dated March 8, 1666—7, and recorded March 
II, 1666—7, %ned by the names of Robert Peirce and- 
A^irian Scroope, as witaeires, with their o\N'n hand 
t No Me l\ 2, 334. 



OF KING GHARLE3 I.. T^^J 

Thus I have colleaed and brought together all the- 
various and fcaitered information to be found concerning 
thisfingular perfon : whofe hiftory is not even hitherto 
known by his family and the inhabitants of Rhode- 
llland, nor by any one elfe, in the hght in which I 
have now fet it i while however I truft I have exhibited 
fuch documents and proofs as will enable every one to 
make a decided judgment, diat Mr. Theophilus Whale,, 
whoever he was, was not one of King Charles's Judge*.. 



E R 11 A T Ao 

PAGE 43, 1. 29, for College, r. Colony— 44, 27, Eyres, r. AyerS"=. 
71, 32, dele with— 76^ 1 1, Providence Hill, r. Weft Rock— 
73, 30, & 74, 28, dele Providence HilJ-.-79, 9, houfe, r. farm—- 
86, 13, after cellar, dele period— -93, 27, Providence Hill, r. W» 
Rock— -181, 38, 1789, r. 1689---187, 27, placed, r. planned— -2249 
24, or, r. of— -225, 9, judged, r. judges— 232, 27, dele but— 233^ 
37, tradio, r. traditio-— 234, 35, rivited, r. united— 336, 8, party, 
r. particularly--- 14, affairs, r. offices-— 237, 19, Cardinal, r. cordial 
— -251, 32, delufive, r. cledivc— 35, after it, add was— 36, eleftivej 
r. eledion---252, 2, ufe, r. efle— 34, there, r. then"-a56, 1, infi- 
dious, r. invidious— -257, 34, additions r. addititious— 259, 21, idem 
— 260, 18, additions, r. additional— -263, 20, his, r. this*-— 269, 30, 
hear, r. have---273, i, rejoined, r. rejoiced— 284, 3,3, dele fwiniflio 
296, 32, after local, add but — 299, 24, name, r. main — 300, 4, 
and, r. of— 303, 7, their, r. this— 304, 5, 1796, r. 1766—14, Ire- 
land, r. Iceland— -311, 16, Revelation, r. Refurreftion-— 314, 9, 
Reins, r. Riches— -322, 18, true, r. three— 331, 18, king, r. kingSo 
338, 30, relieve, r. relive. 



ADVERTISEMENT. 

As the size ef this book is altered from that mentioned In 
the propofals, although the quantity of type condensed in a 
pagey and the contents of the whole are the Jame ; it is 
but -ju ft that the fuhfcrihers Jhoidd he left at their liberty 
to take the booksy or not, as they pleaje.